Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22445 of 2018 Arising Out of PS.Case No. -38 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mukesh Kumar Son of Chandra Bhan Chaudhari Resident of Village Chandraha Rupwalia, Police Station - Bathwaria (Bagha), District - West Chamapran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-08-2018 Heard both sides.

Petitioner seeks bail in S.Tr. No.507/2016 arising out of Yogapatti P.S. Case No.38 of 2016 registered under Sections 363 of the Indian Penal Code. Later on Sections 364(A), 302, 201 and 120B/34 of the Indian Penal Code were added.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 01.11.2017 passed in Cr. Misc. No.43195 of 2017 with a direction to the trial court to hold the trial on day to day basis and conclude the same within four months. It is submitted that the trial has not yet been concluded and on such a report was called for from the 1st Additional Sessions Judge, Bettiah, West Champaran

Patna High Court Cr.Misc. No.22445 of 2018 (3) dt.29-08-2018 2/2 who reported that the statement of the accused persons have been recorded under Section 313 of the Cr.P.C. on 30.07.2018 and the case is pending for the evidence of defence.

In view of the fact that the trial is at its fag end, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Amit/rajan U T