Patna High CourtCR. MISC./17817/2017rejected

Suresh Mahto v. The State Of Bihar

2017-06-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17817 of 2017 Arising Out of PS.Case No. -22 Year- 2014 Thana -GOBARDHANA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Suresh Mahto Son of late Nagar Mahto Resident of Village- Bakwa Chandaul, P.S. Gobardhan, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner appears to be the main assailant. Earlier his prayer for bail was rejected by this Court vide order dated 05.10.2015 passed in Cr. Misc. No. 13380 of 2015 but again this bail petition is filed on the ground that the trial of the petitioner is still pending though he is in jail custody for near about three years. The impugned order dated 06.03.2017 passed by the 1st Additional Sessions Judge, Bagaha, in Sessions Trial No.102 of 2015 goes to show that out of 10 proposed prosecution witnesses, 6 have already been examined and the doctor, I.O., Informant and one Asha Devi have been left to be examined. Moreover, the trial

Patna High Court Cr.Misc. No.17817 of 2017 (2) dt.28-06-2017 2/2 court has mentioned that the trial of the petitioner is likely to be concluded within 2 or 3 months.

Considering the aforesaid facts and circumstance as well as submission of the parties, I am not inclined to release the petitioner on bail and, hence, his prayer for bail in connection with Sessions Trial No. 102 of 2015, arising out of Gobardhana P.S. Case No. 22 of 2014, pending in the court of 1st Additional Sessions Judge, Bagaha, West Champaran, stands rejected. (Hemant Kumar Srivastava, J) N.K/- U T