Mukesh Kumar @ Mukesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75895 of 2019 Arising Out of PS. Case No.-508 Year-2017 Thana- MADHAURAH District- Saran ====================================================== MUKESH KUMAR @ MUKESH RAI Son of Purnamashi Rai Resident of Village - Sihoriya, P.S.- Marhaura, Distt - Saran (Chapra). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-06-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier also, twice petitioner had moved this Court for grant of regular bail which was rejected vide Annexure 2 and Annexure 2(i).
By order dated 05.02.2020, a report was called for from the court concerned regarding the stage of trial. The report of the court concerned has come which is marked as 'R' wherein it has been stated that this record is at the stage of evidence in which 3 witnesses have been examined on behalf of the prosecution.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.75895 of 2019(3) dt.12-06-2020 2/2 he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 25.11.2017.
However, considering the fact that there is direct allegation of firing against the petitioner on the deceased, I am not inclined to enlarge the petitioner on bail. Hence the prayer for bail of the petitioner is hereby rejected once again. However, the court below is directed to expedite and conclude the trial within one year from the date of receipt of the order. If the trial is not concluded within one year, the petitioner would be at liberty to renew his prayer for bail. (S. Kumar, J) Sanjay/- U T