Patna High CourtCR. MISC./35051/2017dismissed

Dilip Singh v. The State Of Bihar

2017-08-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35051 of 2017 Arising Out of PS.Case No. -5 Year- 2006 Thana -KOTHIGRAM District- GAYA ====================================================== Dilip Singh Son of Rajendra Singh @ Rajan Singh, R/o Village- kendua, P.S.- Imamganj, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr.Baxi S.R.P.Sinha, Sr. Adv. Mr. Satish Kumar Sinha, Adv.

For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and Sri Jitendra Kumar Singh, learned Addl. Public Prosecutor. This is the second attempt for grant of bail on behalf of the petitioner in connection with Kothi P.S. Case No.05 of 2006 registered for the offence under Section 302 and other allied Sections of the Indian Penal Code. Earlier the prayer for bail of the petitioner was rejected on 22.10.2016 vide Cr.Misc.No. 43121 of 2016 on merit.

Learned counsel for the petitioner tried to persuade the Court that though earlier, while rejecting the prayer for bail, the court had noticed that the petitioner was accused in one another case for the offence under Section 302 of the Indian Penal Code, the petitioner has already been acquitted in the said case. He

Patna High Court Cr.Misc. No.35051 of 2017 (2) dt.23-08-2017 2/2 submits that this is the changed circumstances for granting bail. Considering the fact that on merit, earlier the prayer for bail was already rejected, there is no reason to review my earlier order. The petition stands dismissed. Since the petitioner is in custody, while rejecting the prayer for bail , it is desirable to observe that the learned trial court as well as the prosecution may take appropriate steps, so that the case may come to its logical end without unnecessary delay (Rakesh Kumar, J) NKS/- U T