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Patna High CourtCR. MISC./56100/2017rejected

Bhagdeo Rai v. The State Of Bihar

2017-11-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56100 of 2017 Arising Out of PS. Case No.-98 Year-2014 Thana- BIDUPUR District- Vaishali ====================================================== Bhagdeo Rai , son of Jalandhar Rai, resident of Village- Khajbatti, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Dhirendra Nath Jha For the Opposite Party/s :

Sri Madan Kumar , A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-11-2017 Heard Sri Dhirendra Nath Jha , learned counsel for the petitioner and Sri Madan Kumar, learned Additional Public Prosecutor.

This is third attempt for grant of bail on behalf of the petitioner. Learned counsel for the petitioner again tried to persuade the Court that there is no direct evidence against the petitioner save a except the fact that from inside jail telephonically he had given some instruction , however he admits that trial has already commenced and two prosecution witnesses have been examined till date. Besides hearing, I have perused the materials including the first order whereby his prayer for bail was rejected. The prayer for bail of the petitioner was rejected primarily on two grounds. Firstly, in the F.I.R. there was allegation that from inside jail telephonically

Patna High Court Cr.Misc. No.56100 of 2017(3) dt.29-11-2017 2/2 petitioner had threatened and thereafter, occurrence had taken place in which one person died and one received serious injury. Second ground for rejection was that the petitioner was accused in about fourteen cases. Considering the fact that on merit prayer for bail was already rejected and the fact that before the trial court evidence is going on, there is no reason to review my earlier order. The prayer for bail again stands dismissed. (Rakesh Kumar, J) praful/- U T