Hari Narayan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13766 of 2025 Arising Out of PS. Case No.-154 Year-2020 Thana- BEUR District- Patna ====================================================== Hari Narayan Son of Pasupati Mandal Resident of Kharari, P.S.- Hayaghat, District - Samastipur, At present residing at - Road No.- 2, Adarsh Vihar Colony, P.S.- Ramkrishna Nagar, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-03-2025 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 04.11.2020, in connection with Sessions Trial No. 205 of 2021 arising out of Beur P.S. Case No. 154 of 2020, F.I.R. dated 22.06.2020 registered for the offences punishable under Section 395 of the Indian Penal Code.
3. The F.I.R. of the occurrence of loot is against unknown.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.13766 of 2025(3) dt.19-03-2025 2/3 committed any offence as alleged in the F.I.R.
5. Earlier the bail petition of the petitioner was rejected vide order dated 10.04.2023 passed in Cr. Misc. No. 64601 of 2022. Thereafter, the petitioner has again moved before this Court in Cr. Misc. No. 76663 of 2024 but the same was dismissed as withdrawn vide order dated 25.10.2024.
6. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused person and till date no test identification parade was conducted by the prosecution. He further submits that similarly situated co-accused persons have been granted bail by this Court.
7. Vide order dated 28.02.2025, a report was called for with regard to the present stage of the trial. Report dated 04.03.2025 of the learned Trial Court reveals that the prosecution evidence has been closed and statement of accused under Section 313 of the Cr. P.C. has been recorded on 28.11.2024, no defence evidence has been produced by the side of defence and on 01.03.2025 the stage of the defence witness is also closed and the case is fixed for argument on 12.03.2025.
8. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.13766 of 2025(3) dt.19-03-2025 3/3 of the case and in view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 205 of 2021 arising out of Beur P.S Case No. 154 of 2020 pending in the Court of learned Additional Sessions Judge-XXX, Patna
9. Prayer is refused.
10. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest within a period of three months.
(Rajesh Kumar Verma, J) Ibrar//- U T