Patna High CourtCR. MISC./29856/2018rejected

Satendra Manjhi @ Satyendra Manjhi v. The State Of Bihar

2018-09-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29856 of 2018 Arising Out of PS.Case No. -38 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. SATENDRA MANJHI @ SATYENDRA MANJHI, S/o Late Bano Manjhi, R/o Village- Tetariya, Khurd, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Murari Mishra For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-09-2018 Heard the parties.

The petitioner seeks bail in Sessions Trial No.35 of 2017 / 489 of 2017 arising out of Barachatti P.S.Case No.38 of 2015 registered for the offences under Sections 302/34 of the I.P.C. Admittedly, the prayer for bail of the petitioner was refused on 22.03.2017 vide Cr.Misc. No.6066 of 2017. Submission of the learned counsel appearing on behalf of the petitioner is that, in fact, the petitioner who is suffering from 48% disability due to polio in his right leg, is in custody since 19.10.2016.

The report regarding stage of the trial called for earlier has been received from the court of the Additional District and Sessions Judge-IXth, Gaya, through Letter No.234 dated

Patna High Court Cr.Misc. No.29856 of 2018 (3) dt.05-09-2018 2/2 23.07.2018 wherein it has been disclosed that after framing of charge on 08.01.2018 though summons have already been issued but neither any witness has turned up up-till now nor the prosecution has produced any witness.

As such, having considered the aforesaid facts and circumstances of the case, I find no reason to reconsider the prayer for bail of the petitioner at present.

However, the learned Additional District and Sessions Judge-9th, Gaya, is directed to conclude the trial of the petitioner within six months from today by taking all effective steps. (Rajendra Kumar Mishra, J) AnilKrSinha/- U