Patna High CourtCR. MISC./37354/2018rejected

Mithilesh Prasad @ Tuntun v. The State Of Bihar

2018-09-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37354 of 2018 Arising Out of PS.Case No. -90 Year- 2014 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Mithilesh Prasad @ Tuntun, Son of Sheonandan Prasad, resident of VillageChorsua, P.S.- Giriak, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate. For the Opposite Party/s : Mr. Lalan Kumar. A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 06 of 2015 arising out of Giriak P.S. Case No. 90 of 2014 registered under Sections 323, 324, 326, 341, 307 and 302 of the Indian Penal Code. His application for bail was earlier rejected by this Court vide order dated 12.11.2014 passed in Cr. Misc. No. 40637 of 2014.

It has been contended by the learned counsel for the petitioner that though the petitioner is in custody since 22.04.2014, the trial has not been completed and there is no likelihood of conclusion of the trial in near future.

Patna High Court Cr.Misc. No.37354 of 2018 (5) dt.19-09-2018 2/2 A report was called for from the trial court, vide order dated 05.09.2018, pursuant to which the learned Additional District & Sessions Judge-III, Nalanda at Biharsharif has submitted his report dated 12th of September 2018 from which it would reflect that out of 15 witnesses, 14 have already been examined.

Regard being had to the advance stage of the trial and the reasons assigned in the order dated 12.11.2014 passed in Cr. Misc. No. 40637 of 2014, I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. The trial court is directed to take all necessary steps to conclude the trial as early as possible.

Let a copy of the order be also sent to the Superintendent of police, Nalanda at Biharsharif, who shall take steps to produce the Investigating Officer of the case as a witness without any delay.

(Ashwani Kumar Singh, J) Pradeep/Sneha U T