Patna High CourtCR. MISC./3761/2023dismissed

Kundan Kumar v. The State Of Bihar

2023-02-22Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3761 of 2023 Arising Out of PS. Case No.-804 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Kundan Kumar, S/o Dileep Ram @ Dileepp Ram, R/o Bishunganj, Rented House of Bittal Singh, P.S. and Distt- Jahanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Anuj, Advocate.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-02-2023 Heard Mr. Harsh Anuj, learned counsel appearing on behalf of the petitioner and Mr. Anil Kumar Singh No. 1, learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 327 of 2021 arising out of Jehanabad P.S. Case No. 804 of 2019 registered for the offence punishable under Sections 394 and 302 of Indian Penal Code and Section 27 of the Arms Act.

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had earlier moved before this Court for grant of bail by filing Cr. Misc. No. 43788 of 2021, which was dismissed vide order dated 28.04.2022.

4. By way of filing the present criminal miscellaneous, the petitioner has renewed his prayer for grant of bail.

5. Vide order dated 30.01.2023, a report regarding

Patna High Court CR. MISC. No.3761 of 2023(4) dt.22-02-2023 2/2 stage of trial was called for from the learned Addl. District & Sessions Judge-II, Jehanabad and in compliance of the same, learned Addl. District & Sessions Judge-II, Jehanabad has informed this Court vide Letter No. 53 dated 30.01.2023 that the trial has proceeded considerably and till date two prosecution witnesses have been examined.

6. In view of the submission made by learned counsel appearing on behalf of the petitioner that the co-accused have already been released on bail, the trial court is directed to conclude the trial expeditiously well within a period of twelve months and communicate each and every date fixed in the trial to the Superintendent of Police, Jehanabad who must produce the prosecution witnesses on each date fixed by the trial court without fail.

7. With the above observation, the bail application stands disposed of.

8. The petitioner is at liberty to raise objection if for any valid reason, the witnesses are not produced before the trial court.

(Purnendu Singh, J) Mantreshwar aditya/- U