Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15361 of 2024 Arising Out of PS. Case No.-95 Year-2017 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Manish Kumar Son of Mangal Singh, R/O Village- Manjhaul, P.S.- Cheriya Bariyarpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Jamuar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2024 Heard Mr. Nakul Jamuar, the learned counsel for the petitioner and Mr. Anil Prasad Singh, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 01.06.2018 in connection with ST Case No. 468 of 2018, arising out of Cheriya Bariyarpur P.S. Case No. 95 of 2017, FIR dated 17.06.2017, registered for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and under Section 27 of Arms Act. 3.

Earlier the petitioner has moved before this Court in Cr. Misc. No. 47305 of 2021, which was rejected vide order dated 27.04.2022 and he has again moved before this

Patna High Court CR. MISC. No.15361 of 2024(3) dt.20-03-2024 2/3 Court in 48885 of 2023, which was rejected vide order dated 15.09.2023.

4.

According to the prosecution case, the petitioner with the help of co-accused person and three unknown persons shot the wife of the informant due to which she died. 5.

Learned counsel for the petitioner submits that upon perusal of the FIR, it appears that there is direct and specific allegation against the petitioner and vide order dated 01.03.2024, a report was called for with regard to the stage of trial and report dated 05.03.2024 of the learned trial Court reveals that out of eight chargesheeted witnesses, six have already been examined and the case is pending for the examination of remaining two prosecution witnesses. 6.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries four more criminal antecedents other than the present one. 7.

Considering the aforesaid facts and circumstances, the report of the learned trial Court and the nature of allegation levelled in the FIR, I am not inclined to enlarge the petitioner on bail in connection with Cheriya Bariyarpur P.S. Case No. 95 of 2017, pending in the Court of learned Additional District Judge-XIV, Begusarai.

Patna High Court CR. MISC. No.15361 of 2024(3) dt.20-03-2024 3/3 8.

Prayer is refused.

9.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T