Patna High Court rejected the petitioner's bail application in a criminal miscellaneous matter before the trial stage was significantly affected by co-accused.
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Patna High Court Cr.Misc. No.52060 of 2015 (05) dt.11-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52060 of 2015 Arising Out of PS.Case No. -541 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== 1. Mithilesh Yadav Son of Sri Dularchand Yadav, Resident of VillageJhurang, P.S.- Fatehpur, District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha--Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05 11-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. At an earlier occasion vide order dated 12.05.2015 (Annexure-1) prayer for bail of petitioner stood rejected in the background of the fact that alleged victim was recovered from his house on the basis of inculpatory extra-judicial confessional statement of co-accused. From the report submitted by the Senior Superintendent of Police, Gaya, it is evident that up-till-now, nine witnesses have already been examined. Subsequently thereof, coaccused, Mukesh jumped out, as a result of which his bail bond has been cancelled and now, the case has reverted back to the stage of appearance.
Patna High Court Cr.Misc. No.52060 of 2015 (05) dt.11-05-2016
Considering the status of the petitioner in consonance with the stage of the trial, which has been victimized by the accused themselves with ulterior motive just to give a jolt to the smooth sailing of the trial.
Accordingly, prayer for bail is rejected.
(Aditya Kumar Trivedi, J) Vikash/U T
2 issues framed by the court
Whether bail should be granted to the petitioner considering his status and the stage of the trial.
Whether the trial has been victimized by co-accused.
Mithilesh Yadav
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
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