Patna High CourtCR. MISC./65710/2023bail rejected

Dharmendra Madesia v. The State Of Bihar

2023-10-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 65710 of 2023 Arising Out of PS. Case No.-248 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== DHARMENDRA MADESIA SON OF RAMJI MADHESIA R/O VILLAGEKHALWAPATTI, P.S- DHANAHA, DISTT.- WEST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-10-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhanaha P.S. Case No. 248/2020 (S.Trial No.376/2021) dated 13.10.2020, registered for the offence punishable under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code.

3. This is the second attempt of the petitioner to seek regular bail, as his bail was earlier rejected by order dated 02.12.2021 in Cr. Misc. No. 29165/2021, recording that the petitioner is in the category of assailant, as alleged in the F.I.R., however, the Court has granted liberty to the petitioner to renew his prayer for bail after one year.

4. The learned counsel for the petitioner submits that the bail application of the petitioner was rejected by an order dated 02.12.2021, and thereafter, the petitioner has moved this Court after a

Patna High Court CR. MISC. No. 65710 of 2023(2) dt.06-10-2023 2/2 year and a half but fairly submits that the trial has commenced and out of nine witnesses, five witnesses have been examined.

5. Since the trial has progressed and five witnesses have been examined, as such, the Court is not inclined to release the petitioner on bail, in connection with Dhanaha P.S. Case No. 248/2020 (S.Trial No.376/2021), pending in the Court of learned 1st A.D.J., Bagaha, West Champaran.

6. However, the learned trial court is directed to ensure that the trial is completed within a period of seven months from the date of receipt/production of a copy of this order, if possible as prolonged criminal trial causes mental agony. (Satyavrat Verma, J) amit/- U T