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Patna High CourtCR. MISC./2447/2019dismissed

Ravindra Gope v. The State Of Bihar.

2019-02-20Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2447 of 2019 Arising Out of PS. Case No.-42 Year-2012 Thana- BIKRAM District- Patna ====================================================== Ravindra Gope, son of Rajeshwar Gope @ Rajeshwar Prasad Sinha @ Rajeshwar Yadav, resident of village Silhori, P.S. Dulhin Bazar, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Santosh Kumar Agnihotri, Advocate For the Opposite Party/s :

Sri Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-02-2019 Heard Sri Santosh Kumar Agnihotri, learned counsel for the petitioner and Sri Nirmal Kumar Sinha, learned Additional Public Prosecutor.

The petitioner has taken sixth attempt for grant of bail in connection with Sessions Trial No. 511 of 2013 (arising out of Bikram P.S. Case No. 42 of 2012) registered for the offence under Section 302 and 120B of the Indian Penal Code , 1860 and Section 27 of the Arms Act, 1959.

Learned counsel for petitioner tried to persuade the court that despite repeated direction of this court trial court has not concluded the trial whereas evidence in the case has already been concluded and after recording statement of accused under Section 313 of the Code Of Criminal Procedure, 1973 argument

Patna High Court Cr.Misc. No.2447 of 2019(3) dt.20-02-2019 2/2 has already commenced. In this case, by order dated: 23.01.2019 report was called for from the court below regarding stage of the case which has been received and kept at flag - 'D'. The report contained in letter no. 43 dated 02.02.2019 sent under the signature of Additional Sessions Judge- I, Danapur (Patna) makes it clear that argument is continuing and learned trial judge is taking the case on day to day basis and despite best effort it has not been concluded. Since in the case argument is going on, it would not be advisable for this court to pass favourable order. Accordingly, the prayer for grant of bail again stands dismissed. (Rakesh Kumar, J) praful/- U T