Pawan Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64620 of 2018 Arising Out of PS. Case No.-57 Year-2016 Thana- BIHRA District- Saharsa ====================================================== Pawan Kamat, Son of Binda Kamat, Resident of Village-Sihaul, P.S. Bihra, Distt. Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Yogesh Chandra Verma, Sr. Advocate Chandra Mohan Jha, Advocate For the State :

Mr. Ajay Kumar Jha, APP For the Informant :

Mr. Uday Chand Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 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, 120(B) of the Indian Penal Code and 27 of the Arms Act.

Petitioner is said to be one of the assailants and earlier his prayer for bail was rejected but submission on behalf of the petitioner is that petitioner is in jail custody for more than two years and up-till now his trial could not be concluded. However, the report of the learned Presiding Officer, F.T.C.-Saharsa goes to show that twelve persons including petitioner are facing trial but the defence is creating hindrance in

Patna High Court Cr.Misc. No.64620 of 2018(3) dt.12-12-2018 2/2 disposal of trial by filing petition after petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail.

Accordingly, prayer for bail of the petitioner is again rejected. However, the trial court should expedite the trial of the petitioner and conclude the same as early as possible. (Hemant Kumar Srivastava, J) Spd/- U T