Patna High CourtCR. MISC./15662/2024dismissed

Dinesh Kumar @ Dinesh Patel @ Dinesh Kumar Patel v. The State Of Bihar

2024-08-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15662 of 2024 Arising Out of PS. Case No.-432 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Dinesh Kumar @ Dinesh Patel @ Dinesh Kumar Patel S/o Vishwnath Prasad @ Vishwanath Prasad R/o Durga Nagar, New Bus Stand, Bettiah, Ward No. 38, P.S.- Bettiah (Town), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This is the second attempt of the petitioner for grant of bail. Earlier his application was rejected vide order dated 04.08.2023 passed in Cr. Misc. No. 45790 of 2023 in which following order was passed:- "Heard learned counsel for the petitioner and learned APP for the State.

2. This application has been filed for grant of regular bail arising out of Bettiah (Town) P.S. Case No. 432 of 2020, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, the deceased was killed by unknown person. As per self inculpatory statement confessional statement of the co-accused the petitioner and others have killed the deceased by stabbing him, I am not inclined to grant bail to the petitioner. The petitioner is in

Patna High Court CR. MISC. No.15662 of 2024(5) dt.09-08-2024 2/2 custody since 12.09.2022.

4. Accordingly, the prayer of bail of the petitioner is rejected herewith.

5. The trial court is directed to expedite the trial of the the petitioner and conclude the same at the earliest. If there is no progress in the trial, the petitioner may renew his prayer for bail."

3. It has been submitted by the learned counsel for the petitioner that the charge has been framed.

4. No ground for review of the earlier order is made out, this application is dismissed.

5. The Superintendent of Police, West Champaran is directed to see to it that the witnesses appear on the date fixed and the trial is not delayed.

6. Let a copy of the order be communicated to the Superintendent of Police, West Champaran through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U T