Barkun Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.30435 of 2015 (4) dt.29-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30435 of 2015 Arising Out of PS.Case No. -490 Year- 2004 Thana -BELCHHI District- PATNA ======================================================

1. Barkun Mahto Son of late Ram Saran Mahto resident of Village Kabirchak, P.s Belchi, district Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 29.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Taking into consideration that the alleged occurrence took place in the year 2004 and the petitioner could be remanded in this case on 31.3.2015, particularly, in the circumstance when processes under sections 82 and 83 of the Cr.P.C have already been exhausted in the year 2006 itself and furthermore, petitioner is the assailant, I am not inclined to release him on bail and hence, his prayer for bail in connection with Sessions Trial no. 301/2015 arising out of Belchi P.S. case no. 490/2004 pending in the court of the Addl. Sessions Judge III, Barh District Patna stands rejected.

shahid (Hemant Kumar Srivastava,J) U T