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Patna High CourtCR. MISC./37447/2018rejected

Manoj Kumar Singh v. State Of Bihar And ANR

2018-06-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37447 of 2018 Arising Out of PS. Case No.-2 Year-2016 Thana- DHURAIYA District- Banka ====================================================== Manoj Kumar Singh, Son of Karu Prasad Singh @ Karu Mandal, Resident of Village- Birnodha, Police Station- Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, State Food Corporation, Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Sri Murlidhar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-06-2018 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 12.04.2017 and 18.10.2017 passed in Cri. Misc. No. 4646 of 2017 and 43793 of 2017 respectively, on the ground that the petitioner is suffering in custody since 17.11.2016, no prosecution witness has been examined up till now and, as such, the petitioner deserves sympathetic consideration. The petitioner has been removed from the service and, as such, he is not in his position to give bank guaranty or money. Certificate case is also going on against the petitioner, the trial has not been concluded within the time given by this Court.

Patna High Court Cr.Misc. No.37447 of 2018(2) dt.27-06-2018 2/2 The learned A.P.P. opposes the prayer of bail by submitting that the petitioner has misappropriated 17958.01 quintals of paddy, the value of which comes to Rs. 3,05,28,600/-.

In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in connection with Dhoraiya P.S. Case No. 02 of 2016, pending in the court of learned A.C.J.M - III, Banka. However, the learned trail court is again directed to expedite the trial and conclude the same as early as possible preferably within four months, after taking the same on priority basis, 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