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Patna High CourtCR. MISC./26830/2018disposed

Ashok Kumar Jha And ANR v. The State Of Bihar

2018-05-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26830 of 2018 Arising Out of PS.Case No. -616 Year- 2016 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Ashok Kumar Jha, son of Late Ram Narayan Jha,

2. Pashant Kumar Jha, son of Ashok Kumar Jha, Both resident of Sarowan Yamuna Sadar, Krishi Nagar, 90 feet Road, P.S. Shastri Nagar, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 16.10.2017 passed in Cr. Misc. No.35358 of 2017 with a direction to the petitioner to deposit Rs.20,00,000/- in two installments of Rs.10,00,000/- each through a bank draft and on payment, he shall be released on provisional bail, however, it appears that the petitioner has not deposited the amount and now second bail application has been filed.

Submission of the learned counsel for the petitioner is that in the meantime, the informant has filed a suit in the Karkardooma court, Delhi, in which he has made some other

Patna High Court Cr.Misc. No.26830 of 2018 (3) dt.09-05-2018 2/2 submissions and not the fact that he has given amount to the petitioner to purchase the land of the others and he has not returned the same.

Heard learned A.P.P. also.

Having heard both sides and as earlier the prayer for bail of the petitioner was rejected by this Court, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial within a period of six months and if the trial is not conclude within the period of aforesaid six months, the learned trial court shall release the petitioner on bail to his own satisfaction if there is no laches on the part of the petitioner. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T