Patna High CourtCR. MISC./4765/2024bail rejected

Rakesh Kumar v. The State Of Bihar

2024-04-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4765 of 2024 Arising Out of PS. Case No.-165 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Rakesh Kumar son of Dinanath Gond Village- Medh Ps- Chainpur DistKaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Sessions Trial No.342 of 2022 arising out of Chand P.S. Case No. 165 of 2022, lodged on 17.06.2022 under Section 302, 379, 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 22.02.2023 passed in Cr. Misc. No. 62278 of 2022 with a direction to the Trial Court to expedite the trial within nine months from today. Counsel further submits that nine months have already crossed but trial has not been completed. Counsel also submits that the criminal antecedent of the petitioner is clean and he is in custody since 20.06.2022.

Patna High Court CR. MISC. No.4765 of 2024(3) dt.03-04-2024 2/2

4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that a report has been called for vide order dated 09.02.2024

5. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that prosecution witness has already been examined and now, defense witness is left. Counsel also submits that from the perusal of the report, it transpires that the trial Court has indicated that trial is likely to be concluded in two months.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner at present.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Sessions Trial No.342 of 2022 arising out of Chand P.S. Case No. 165 of 2022, pending before the learned Additional Sessions Judge 1st, Kaimur at Bhabhua is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T