Patna High CourtCR. MISC./57575/2017rejected

Bhim Singh v. The State Of Bihar

2017-12-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57575 of 2017 Arising Out of PS. Case No.-41 Year-2014 Thana- PIPRA District- Patna ====================================================== Bhim Singh S/o Yamuna Singh, R/o Village- Basiyawan, P.S.- Pipra, DistrictPatna. ... ... Petitioner

Versus

The State of Bihar .. ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. SRI AJAY KUMAR JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 01.12.2015, 14.09.2016 and 12.07.2017 passed in Cr. Misc. No. 48102 of 2015, 34117 of 2017 and 24949 of 2017 respectively, on the ground that the petitioner is in custody since 04.01.2015, there is no allegation that the petitioner has repeated the blow, no offence under Section 302 IPC is made out and it can be a case under Section 304 Part II IPC and as such the petitioner deserves sympathetic consideration. Up-till now only five prosecution witnesses have been examined and in near future the trial is not likely to be concluded.

Learned APP opposes the prayer of bail by submitting that the petitioner is the assailant.

Patna High Court Cr.Misc. No.57575 of 2017(2) dt.06-12-2017 2/2 In the facts and circumstances stated above, finding no good ground for reconsideration of the prayer of bail of the petitioner, again his such prayer stands rejected. However, considering the period of detention, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within two months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T