Patna High CourtCR. MISC./18153/2024dismissed

Jiut Rai @ Jiwit Rai v. The State Of Bihar

2024-04-19Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18153 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Jiut Rai @ Jiwit Rai Son Of Kirpa Rai @ Kripali Rai @ Kripali Ray R/OBijbani, P.S.-jitna (ghorasahan), Distt.-east Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the State :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 12.07.2023 in Cr. Misc. No. 34768 of 2023.

3. The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 136 of 2023 registered for the offence punishable under Sections 394 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. The following order was passed on 12.07.2023 in Cr. Misc. No. 34768 of 2023 which reads as under:

Patna High Court CR. MISC. No.18153 of 2024(3) dt.19-04-2024 2/3 "Heard learned counsel for petitioner and learned Additional Public Prosecutor.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Ghorasahan P.S. Case No. 136 of 2023 registered under section 394/302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that material during the investigation have come that the petitioner is an active participant in the killing of the deceased and the petitioner is in custody since 24.03.2023. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the submission made by learned counsel for the petitioner, I am not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

The Trial Court is directed to expedite the trial."

5. The charge has been framed on 01.11.2023. It has been submitted that no witness is being produced by the prosecution.

6. This Court finds no ground to review its earlier order dated 12.07.2023.

7. Accordingly, this application stands dismissed.

8. The Superintendent of Police, East Champaran is directed to produce the witnesses regularly on the dates of hearing.

9. Let a copy of this order be communicated to the

Patna High Court CR. MISC. No.18153 of 2024(3) dt.19-04-2024 3/3 Superintendent of Police, East Champaran for its compliance through FAX or e-mail forthwith.

(Sandeep Kumar, J) P. Kumar U T