Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57001 of 2022 Arising Out of PS. Case No.-136 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== RAJESH PRASAD, S/O LATE MAHAJAN PRASAD @ MAHAJAN BHAGAT, Resident of village- Tarwara Koeri Tola, P.S.- G.B. Nagar, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 550 of 2019 arising out of G. B. Nagar P.S. Case No. 136 of 2019 registered under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the trial has still not concluded. He further submits that by now the petitioner has remained in custody for nearly three years. Learned counsel for the informant on the other hand has submitted certified copies of deposition of P.Ws. 2 and 1. Referring to the same, he submits that the three chargesheeted witnesses have already been examined, they have supported the

Patna High Court CR. MISC. No.57001 of 2022(2) dt.07-12-2022 2/2 prosecution case and only official witnesses, namely I.O. and Doctor, remained to be examined.

On 13.04.2022 the petitioner's second attempt for grant of bail was rejected. Prior thereto, matter has been considered on merits on 11.11.2020.

In view of the progress in the trial and the earlier consideration in the two applications, noted above, this Court is not inclined to take a different view today. If the trial does not conclude within a period of two months, the petitioner may renew his prayer.

Petitioner's application for bail is rejected. (Madhuresh Prasad, J) shashank/- U T