Dinesh Gop v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6914 of 2023 Arising Out of PS. Case No.-275 Year-2020 Thana- MALSALAMI District- Patna ====================================================== DINESH GOP SON OF HARI NATH RAY @ BHULLA RAY R/O BHATTIPAR, SAMARIYA GALI (SAMALIYA GALI), P.S.- MALSALAMI, DISTT.- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Shankar Sinha, Advocate.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2023 Heard Mr. Rajesh Shankar Sinha, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Malsalami P.S. Case No. 275 of 2020 registered for the offences punishable under Sections 341, 323, 307, 364, 201 and 506/34 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added.
This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected on merit by this Court vide order dated 02.03.2022 passed in Cr. Misc.
Patna High Court CR. MISC. No.6914 of 2023(4) dt.22-03-2023 2/3 30455 of 2021.
Learned counsel for the petitioner seeks bail on the ground that the petitioner is in custody since 9.12.2020 and the trial is not showing any progress.
This Court vide order dated 22.02.2023 had called for a report from the trial court regarding stage of trial and in pursuance thereof, the report of learned Additional District & Sessions Judge-III, Patna City, dated 01.03.2023, is on record and from perusal of the same, it appears that charge has been framed and to procure attendance of witnesses, summons have been issued on 28.02.2023, but learned counsel for the accused persons were not appearing for hearing on the point of charge. There are only four charge-sheet witnesses including I.O. who are to be examined. The trial court has given the estimated time for conclusion of the trial within six months.
In view of the aforesaid, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner stands rejected.
Patna High Court CR. MISC. No.6914 of 2023(4) dt.22-03-2023 3/3 However, the petitioner may renew his prayer for bail after six months if the trial does not show any progress. Anil Kumar Sinha, J) S.Ali/- U