Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8622 of 2025 Arising Out of PS. Case No.-1173 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Chintu Kumar S/O Yogendra Prasad R/O Village- Ainkha, P.S- Dulhin Bazar, Distt.- Patna. At present resident of Mohalla- Chiraiyatand Chandmari, High School Lane, P.S- Kankarbagh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shilpi Kumari, Advocate Ms. Pinki Kumari, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-05-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kankarbagh P.S. Case No. 1173 of 2022 lodged on 08.12.2022, for the offence punishable under Sections 302, 328, 386, 120(b) & 34 of the Indian Penal Code.

3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 20.12.2023 passed in Cr. Misc. No. 62202 of 2023 with specific direction to the Trial Court to expedite the trial and conclude the same preferably within one year. Counsel submits that one year has been lapsed, but even then, the trial has not been concluded. Counsel submits that the petitioner is in

Patna High Court CR. MISC. No.8622 of 2025(3) dt.02-05-2025 2/3 custody since 23.12.2022 having no criminal antecedent. Counsel further submits that on earlier occasion, report with regard to the present stage of the case has been called for.

4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that upon perusal of the report, it transpires that the Trial Court has continuously writing different letters to the SSP, Patna up to the DGP, Bihar, but there no development took place and no witness has come, therefore, Trial Court has requested to this Hon'ble Court to extend the time period for conclusion of trial. Counsel further submits that since, witnesses have not come, it is due to this reason, trial could not be concluded.

5. In the light of the submissions made, this Court is very anxious towards the attitude the SSP, Patna as well as the DGP, Bihar who are not producing the witnesses in-spite of the request made by the Trial Court as indicated from the said report contained in Letter No.140 dated 23.04.2025.

6. In this view of the matter, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

7. Speedy trial is the constitutional vision of justice, and it is due to this reason, SSP, Patna is hereby directed to do

Patna High Court CR. MISC. No.8622 of 2025(3) dt.02-05-2025 3/3 the needful instructing the concerned SHO/IO of this case so that charge-sheet witnesses may come before the Trial Court in connection with Kankarbagh P.S. Case No. 1173 of 2022 within four months from today.

8. Registry is directed to transmit a copy of this order to the SSP, Patna as well as DGP, Bihar through fax, e-mail or any other mode forthwith. Registry is further directed to hand over a copy of this order to Learned APP for the State who shall communicate this order to the SSP, Patna as well as DGP, Bihar at his level.

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