Patna High CourtCR. MISC./18646/2016rejected

Sunil Chaurasiya @ Sunil Kumar Chaurasia v. The State Of Bihar

2016-05-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18646 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -SIMRI District- BUXAR ====================================================== Sunil Chaurasiya @ Sunil Kumar Chaurasia Son of Rameshwar Chaurasiya, resident of village- Balihar, P.S.- Simri, District- Buxar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate. For the Opposite Party/s : Mr. B.M.P.Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-05-2016 The petitioner wants to renew his prayer of bail in connection with Simri P. S. Case No. 05 of 2014 pending in the Court of learned Sessions Judge Cum Special Judge, Buxar which was earlier rejected by order dated 04.02.2015 passed in Criminal Misc. No. 47132 of 2014 on the ground that the petitioner is in custody since 09.01.2014, up till now not even a single prosecution witness has been examined and in this case other coaccused Md. Maksood Ansari, who was also apprehended with the petitioner in Scorpio, has already been allowed bail by order dated 30.03.2016 passed by another co-ordinate bench of this Court.

The learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent and

Patna High Court Cr.Misc. No.18646 of 2016 (3) dt.11-05-2016 2/2 further besides the recovery of 6 Kg 300 grams Ganja from the Scorpio, again 10 Kg Ganja was recovered from the house of the petitioner.

In the facts and circumstances stated above, at present, I am not inclined to reconsider the prayer of bail of the petitioner and his such prayer stands rejected. However, if the trial is not concluded within four months from the date of receipt or production of a copy of this order, the petitioner may be at liberty to renew his prayer of bail. (Jitendra Mohan Sharma, J) Mishra/- U T