Patna High CourtCR. MISC./77082/2019dismissed

Ramdeo Mahto v. The State Of Bihar

2020-02-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77082 of 2019 Arising Out of PS. Case No.-99 Year-2017 Thana- SIMRI District- Darbhanga ====================================================== RAMDEO MAHTO S/o Late Ram Lakhan Mahto Resident of MohallaMadhopur, P.S.- Simri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 Petitioner seeks bail in connection with Simri P.S. Case No. 99 of 2017, corresponding to S.T. No. 71 of 2019, registered for the offences punishable under Sections 341, 342, 323, 354, 448, 449, 436, 427, 307, 379, 504, 506/34 and later on Section 302 of the Indian Penal Code was added. Earlier prayer for bail of the petitioner was rejected by the then co-ordinate Bench of this Court by order dated 30.11.2018 passed in Cr.Misc.No. 69444 of 2018 on the ground that in dying declaration the deceased had taken name of the petitioner.

Submission of learned counsel for the petitioner is that he is in custody since 11.7.2018 and three witnesses have been examined who have not named this petitioner. Heard learned APP and perused the report of learned

Patna High Court CR. MISC. No.77082 of 2019(3) dt.24-02-2020 2/2 trial court from which it appears that out of six witnesses four have been examined.

In view of above facts and circumstances, at this state I am not inclined to grant bail to the petitioner. However, learned trial court is directed to conclude the trial, if possible, within a period of six months. If trial is not concluded within the said period, petitioner is at liberty to move for bail before the trial court itself, who will consider the materials available on the record against the petitioner and will pass appropriate order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T