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Patna High CourtCR. MISC./9445/2022bail rejected

Pawan Kumar @ Pawan v. The State Of Bihar

2023-01-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 9445 of 2022 Arising Out of PS. Case No.-186 Year-2018 Thana- RAMKRISHNANAGAR District- Patna ====================================================== PAWAN KUMAR @ PAWAN Son of Arjun Prasad Resident of Village - Sati Asthan, Shivaji Nagar, P.s.- Masaurhi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Saket Anand, Advocate For the Opposite Party/s :

Dr Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2023 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner seeks bail in Ram Krishna Nagar Police Station (for brevity, PS) Case No 186 of 2018 dated 28.05.2018 registered for the offence punishable under Sections 365, 363 of Indian Penal Code.

Prayer for bail of the petitioner was earlier rejected by this Court (Annexure 1).

Report of the trial Court received pursuant to this Court's direction suggests that the case is pending for argument on behalf of the State. It also contains intimation that closedcircuit television footage/pen drive have been called for from

Patna High Court CR. MISC. No.9445 of 2022(4) dt.11-01-2023 2/2 the PS concerned and have not been received as yet. Under the circumstances, the trial Court has expressed its opinion that the trial is likely to conclude within three months. Report is dated 22.12.2022.

Learned APP has opposed the prayer for bail.

Considering the aforesaid report as also the earlier rejection dated 26.08.2020 by this Court in Cr Misc No 17077 of 2020, after due consideration of the gravity of the offence on merits, this Court is not inclined to take a different view. Prayer for bail is again rejected.

This Court, however, would record that the trial Court must proceed expeditiously without any undue adjournment or unnecessary delay since the petitioner is in custody since 05.06.2018.

Let a copy of this order be communicated to the Senior Superintendent of Police, Patna to ensure that all steps are taken for ensuring expeditious conclusion of the trial. (Madhuresh Prasad, J) M.E.H./- U T