Patna High CourtCR. MISC./28312/2017rejected

Dhananjay @ Dhananjay Thakur @ Chhotu Thakur v. The State Of Bihar

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

Patna High Court Cr.Misc. No.28312 of 2017 (2) dt.28-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28312 of 2017 Arising Out of PS.Case No. -49 Year- 2015 Thana -TANDWA District- AURANGABAD ====================================================== Dhananjay @ Dhananjay Thakur @ Chhotu Thakur son of Dasrath Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28.06.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court vide order dated 17.10.2016 passed in Cr. Misc. no. 31594/2016 giving liberty to the petitioner to renew his prayer for bail after six months, if his trial is not concluded. The impugned order of the Addl. Sessions Judge VI, Aurangabad goes to show that charge against the petitioner was framed on 12.1.2017 and summons have already been issued to the prosecution witnesses. Therefore, the aforesaid facts reveal that trial of the petitioner has already commenced. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and, again, his prayer for bail in connection with Session trial no. 357 of 2016/ 106 of 2016 arising out of Tandwa P.S. Case no. 49/2015 pending in the court of Addl. Sessions Judge VI, Aurangabad stands rejected.

Patna High Court Cr.Misc. No.28312 of 2017 (2) dt.28-06-2017 It is made clear that if trial of the petitioner is not concluded within four months from today, petitioner may renew his payer for bail before the trial court itself.

Let a copy of this order be sent to the trial court without any delay.

shahid (Hemant Kumar Srivastava,J) U T