Krishna Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50063 of 2018 Arising Out of PS. Case No.-9 Year-2017 Thana- AMBA District- Aurangabad ====================================================== Krishna Prajapati, Son of Late Chanarik Prajapati, resident of VillageNarhar Amba Tola Kumhar Bigha, P.S.- Amba, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Dubey For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2018 The petitioner has renewed his prayer for bail, which was earlier rejected vide order dated 05.01.2018, passed in Cr. Misc. No. 52341 of 2017. The petitioner has been made accused in connection with Amba P.S. Case No. 9 of 2017 for the offences under Section 302 and other allied Sections of the I.P.C., in which he is facing trial. The petitioner has remained in jail from 28.01.2017 and in the trial, out of nine witnesses, four have already been examined.

Mr. Vikram Deo Singh, learned counsel for the petitioner has again pressed the bail petition on merits as well, apart from the period of custody of the petitioner. He has submitted that several other persons are also alleged to

Patna High Court Cr.Misc. No.50063 of 2018(3) dt.28-11-2018 2/2 have assaulted the deceased, but no injury, except the injury which has been attributed to the petitioner, was found on the person of the deceased.

Apart from this, it has been submitted by Mr. Singh, learned advocate, that the petitioner himself was seriously injured in the same occurrence and was arrested from the hospital where he had gone for receiving treatment. Be that as it may, considering the nature of accusation against the petitioner, this Court is reluctant to grant bail to the petitioner at this stage. However, considering the period of custody and that only five witnesses are left to be examined, the trial court is directed to conclude the trial, preferably within a period of six months, failing which the petitioner shall have the liberty to approach this Court again for grant of bail.

With the aforesaid liberty, this application stands disposed off.

(Ashutosh Kumar, J) skm/- U