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Patna High CourtCR. MISC./69585/2018dismissed

Fazlu Mahto @ Bipin Mahto @ Bhajlu Mahto @ Bipin Kumar Mahto v. The State Of Bihar

2019-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69585 of 2018 Arising Out of PS. Case No.-10 Year-2005 Thana- NIMACHANDPURA District- Begusarai ====================================================== FAZLU MAHTO @ BIPIN MAHTO @ BHAJLU MAHTO @ BIPIN KUMAR MAHTO Son of Uma Kant Mahto Resident of Village- Samsa, P.S. Naokothi, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 Earlier prayer for bail of the petitioner has been dismissed vide order dated 31.07.2017 passed in Cr. Misc. No. 33060 of 2017 and allegation against the petitioner and other accused persons is of causing death of the deceased. Submission of learned counsel for the petitioner is that petitioner has been in judicial custody since 10.09.2016 and charge has been framed but not a single witness has been examined in this case and there is no likelihood of conclusion of trial in near future.

Heard learned A.P.P. and perused the report of learned Trial Court, from which, this court is not satisfied. Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the

Patna High Court Cr.Misc. No.69585 of 2018(3) dt.09-01-2019 2/2 petitioner on bail. This application is, accordingly, dismissed. Learned Trial Court is directed to conduct the trial on day to day basis and try to conclude the same as early as possible.

At the same time, Superintendent of Police, Begusarai is directed ensure the production of witnesses in the court below on the date fixed so that the trial be concluded expeditiously. The above direction must be complied in strict sense. (Vinod Kumar Sinha, J) sunilkumar/- U T