Patna High CourtCR. MISC./22140/2024bail rejected

Chhotu Ram v. The State Of Bihar

2024-07-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22140 of 2024 Arising Out of PS. Case No.-654 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Chhotu Ram Son Of Late Shiv Murat Ram Village - Maheshua, P.S. - Bhabua, District - Kaimur, Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.273 of 2023 arising out of Bhabua P.S. Case No. 654 of 2022, lodged on 10.10.2022 under Sections 324, 307, 34 of the Indian Penal Code read with section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 11.10.2023 passed in Cr. Misc. No. 51911 of 2023. Counsel further submits that on the previous occasion, fresh report about present stage of the trial has been called for by which it transpires that within four months, the trial may be concluded, if evidence shall come. Counsel submits that the criminal antecedent of the petitioner is not clean and there is one

Patna High Court CR. MISC. No.22140 of 2024(4) dt.05-07-2024 2/2 criminal case pending against him in which he is on bail. The petitioner is in custody since 16.05.2023 in the present case. Counsel also submits that charge has already been framed in this case and trial has been commenced.

4. Learned APP for the State opposes the prayer for bail of the petitioner.

5. It transpires to this Court that there is specific allegation against the petitioner of firing from desi katta by which the alleged injury has been caused. Out of 7 witnesses, examination of only 3 witnesses took place.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Sessions Trial No.273 of 2023 arising out of Bhabua P.S. Case No. 654 of 2022, pending before the learned Sessions Judge, Kaimur, Bhabua is hereby rejected.

8. Trial Court is directed to conclude the trial within six months.

(Dr. Anshuman, J) Divyansh/- U T