Tarun Kumar @ Bishu @ Bishnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4977 of 2023 Arising Out of PS. Case No.-320 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== TARUN KUMAR @ BISHU @ BISHNU S/O ASHOK SAH R/v- Lohagir, P.S.- Ujiyarpur, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Darbhanga Town Police Station Case No. 320 of 2020, registered for the offences punishable under Sections 395/397/412 of the Indian Penal Code and Section 27 of the Arms Act.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 05.04.2022, passed in Criminal Misc. No. 38213 of 2021, giving liberty to the petitioner to renew his prayer for bail after six months from the date of the order, if the trial does not make any substantial progress.

Patna High Court CR. MISC. No.4977 of 2023(3) dt.22-02-2023 2/3 The allegation, as per the First Information Report, is that in the morning of 09.12.2020, at about 10.35 AM, the informant opened his jewelry shop, in the meantime, five miscreants entered into his shop and on the gun point, looted away jewelry, cash etc., worth Rs. 5.5 Crores. Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court. He further submits that the petitioner is in custody since 07.01.2021.

This Court, vide order, dated 25.01.2023, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 11th Additional Sessions Judge -cumSpecial Judge, Darbhanga, and from perusal of the same, it would be evident that charges have been framed in this case and one witness has been examined and the learned Trial Court has given the estimated time for conclusion of the trial as six months.

After having heard learned Counsel for the parties and taking into consideration the fact that earlier the prayer for bail of the petitioner was dismissed on merit and the learned Trial Court has given the estimated time for conclusion of the trial as

Patna High Court CR. MISC. No.4977 of 2023(3) dt.22-02-2023 3/3 six months, I am not inclined to grant regular bail to the petitioner, at this stage.

This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after six months from today, if the trial is not concluded by that period.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √