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Patna High CourtCR. MISC./10752/2025bail rejected

Shitesh Kumar v. The State Of Bihar

2025-02-28Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10752 of 2025 Arising Out of PS. Case No.-343 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Shitesh Kumar, S/O Dhaneshwar singh R/O Vill.- Baltara, P.s-Gogri (Poura) , Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sessions Trial No.192 of 2022 arising out of Gogri (Poura) P. S. Case No.343 of 2021 registered for the offences punishable under Section 304(B)/ 34 of the Indian Penal Code.

3. This is the fifth attempt of the petitioner to seek regular bail. It is further submitted that petitioner is languishing in custody since 28.07.2021. It is also submitted that petitioner, being husband, has been falsely implicated in the instant case by the informant. It is next submitted that petitioner for the fourth time had approached this Court seeking regular bail by filing Cr. Misc. No.36057

Patna High Court CR. MISC. No.10752 of 2025(2) dt.28-02-2025 2/3 of 2024 and the same came to be rejected by an order dated 12.07.2024 on the ground that out of 15 witnesses, 10 witnesses have been examined and the learned trial Court was directed to ensure that the trial is concluded within a period of seven months from today without giving unnecessary adjournment to any side.

4. On query of the Court that as to how many witnesses from 12.07.2024 till filing of the bail application have been examined by the learned trial Court, on which the learned counsel appearing on behalf of the petitioner fairly submits that out of 15 witnesses, now 14 witnesses have been examined and one witness remains to be examined.

5. At this stage, the learned A.P.P. submits that even the trial Courts are burdened with cases and the trial Court has made endeavour to conclude the trial as from 12.07.2024 till filing of the instant regular bail application, four more witnesses have been examined as submitted by the learned counsel appearing on behalf of the petitioner. The learned A.P.P. thus submits that since 14 witnesses, out of 15 witnesses have been examined, as such, the Court should not enlarge the petitioner on bail.

Patna High Court CR. MISC. No.10752 of 2025(2) dt.28-02-2025 3/3

6. Considering the submissions made by the learned A.P.P., the Court is not inclined to release the petitioner on bail.

7. The prayer of the petitioner for bail stands rejected.

(Satyavrat Verma, J) vikash/- U T