Sudhir Bhuiyan @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15183 of 2024 Arising Out of PS. Case No.-24 Year-2020 Thana- DUMARIYA District- Gaya ====================================================== Sudhir Bhuiyan @ Sudhir Kumar S/o Badri Bhuiyan Resident of villageChatakpur, P.S.- Maigra, District Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brijmohan Das For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.The petitioner seeks bail in connection with Dumariya P.S. Case No. 24 of 2020, S.Tr. No. 78 of 2021-504 of 2023 registered for the offences punishable under Section 302 of the IPC.
3. As per prosecution case, petitioner is alleged to have stabbed his mother-in-law and the sole reason behind the said occurrence is that the informant brought her sister without permission of the petitioner as a result of which petitioner has abused and threatened to take the life of informant's sister on mobile and disconnected the call.
4. Learned counsel for the petitioner submits that on 23.01.2023 the bail of the present petitioner has already been
Patna High Court CR. MISC. No.15183 of 2024(5) dt.21-06-2024 2/3 rejected on merit by this Court vide Cr. Misc. No. 27920 of 2022. He further submits that petitioner is in custody since 12.05.2020 which is more than four years. He further submits that trial has not been concluded as yet and delay of trial is not in any way attributable to the present petitioner.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that earlier bail for the petitioner was rejected on merit vide order dated 23.01.2023 passed in Cr. Misc. No. 27920 of 2022.
6. A report regarding stage of trial has been sought by this Court and in pursuance of the said direction, the trial court vide letter no. 96/24 dated 06.05.2024 has sent its report in which trial court has sought six months time to conclude the trial.
7. Considering the facts and circumstances of the case, particularly keeping in view that earlier bail prayer of the petitioner has been rejected on merit as well as report of the trial court, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.
8.However, trial court is directed to conclude the trial within six months from the date of receipt/production of copy of this order and if the trial is not concluded within aforesaid
Patna High Court CR. MISC. No.15183 of 2024(5) dt.21-06-2024 3/3 period, petitioner may renew the prayer for bail. (Alok Kumar Pandey, J) vashudha/- U T