Munna Mahto @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53694 of 2018 Arising Out of PS.Case No. -245 Year- 2015 Thana -BUDDHACOLONY District- PATNA ====================================================== Munna Mahto @ Munna Kumar S/o Ramishwar Sahani, resident of Pahalwanghat, Dujra, P.S. Budha Colony, District Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is in jail custody since 21.11.2015 and earlier, his prayer for bail was thrice rejected by this court but submission on behalf of the petitioner is that having similar allegation, co-accused Vakil @ Vakil Kumar @ Vakil Choudhary has already been granted privilege of bail by a co-ordinate Bench of this court vide order dated 15.03.2017 passed in Cr. Misc. No. 6667 of 2017.

No doubt, co-accused Vakil @ Vakil Kumar @

Patna High Court Cr.Misc. No.53694 of 2018 (2) dt.12-09-2018 2/2 Vakil Choudhary has been granted bail but the first information report goes to show that the petitioner was armed with katta at the time of alleged occurrence and only one injury has been found on the person of the deceased.

It is informed that charge against the petitioner has already been framed and the trial of the petitioner is still pending. Therefore, in the aforesaid circumstance, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with S. T. No. 827 of 2016 arising out of Budha Colony P. S. Case No. 245 of 2015 stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.

(Hemant Kumar Srivastava, J) SHAHZAD/- Rajeev U T