Patna High CourtCR. MISC./34532/2016rejected

Prem Kumar @ Azad v. The State Of Bihar

2016-08-31Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34532 of 2016 Arising Out of PS.Case No. -2 Year- 2015 Thana -BARABAR TOURIST District- JEHANABAD ====================================================== Prem Kumar @ Azad Son of Kamlesh Paswan Resident of VillageRamdani, PS Kako,District Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Kumar, Advocate For the Opposite Party : Mr. Sri Anil Kumar Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected by order dated 24.02.2016 passed in Cri. Misc. No. 58488 of 2015, on the ground that the petitioner is in custody since 04.08.2015 and during trial three witnesses have been examined and out of them two witnesses have turned hostile whereas P.W.1 Ranjit Kumar during cross-examination has become not reliable.

The learned A.P.P. opposes the prayer of bail by submitting that Ranjeet Kumar in para 3 of his deposition has stated that Prem Kumar @ Azad stabed in the chest of Vimlesh Kumar @ Ashwini Kumar.

Patna High Court Cr.Misc. No.34532 of 2016 (2) dt.31-08-2016 2/2 In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again the prayer for bail of the petitioner stands rejected in connection with Barabar Tourist P.S. Case No. 02 of 2015 in connection with S.Tr. Nos. 249 of 2015/191 of 2015 pending in the court learned Additional Sessions Judge-II, Jehanabad.

However, the learned trial court is directed to expedite the trial and conclude the same preferably within four months after receipt/production of a copy of this order, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T