Patna High CourtCR. MISC./46186/2015dismissed

Ashish Kumar Jha @ Ashish Jha v. The State Of Bihar

2015-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46186 of 2015 Arising Out of PS.Case No. -70 Year- 2014 Thana -NAUHATTA District- SAHARSA ====================================================== Ashish Kumar Jha @ Ashish Jha, son of Indal Jha @ indranand Jha, R/o Village Muradpur, P.S. Nauhatta, Distt. Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2015 Heard both sides The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

Some verbal altercations took place due to land dispute and, on such, the petitioner is alleged to have assaulted the father of the informant with a bat. The prayer for bail of the petitioner was earlier rejected vide order dated 10.02.2015 passed in Cr. Misc. No. 42039/2014 with an observation that if the trial is not concluded within six months without any fault of the petitioner, the petitioner may renew his prayer for bail. It is submitted that the trial has not yet been concluded. Six witnesses have already been examined and four witnesses are to be examined. Learned counsel for the petitioner submits that the trial is at its fag end.

Patna High Court Cr.Misc. No.46186 of 2015 (2) dt.30-09-2015 2/2 Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Nauhatta P.S. Case No. 70 of 2014, corresponding to S.T. No. 2437 of 2014. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within two months from the date of receipt / production of this order holding the trial on day-to-day basis, failing which the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) Dilip/- U T