Patna High CourtCR. MISC./24040/2024rejected

Shambhu Bhagat v. The State Of Bihar

2024-04-19Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24040 of 2024 Arising Out of PS. Case No.-389 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Shambhu Bhagat S/o Late Lutan Bhagat Resident of Village- Amway Mauje, P.S.- Gopalganj Town, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Vardhan, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-04-2024 Heard Mr. Anand Vardhan, learned counsel for the petitioner and Mr. Aditya Narayan Singh. 1, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 10.11.2022 in connection with Gopalganj Town P.S. Case No. 389 of 2021, F.I.R. dated 09.06.2021 for the offences punishable under Sections 504, 326A, 307, 506/34 of the Indian Penal Code.

3. Earlier the bail application of the petitioner has been rejected by this Hon'ble Court vide order dated 11.01.2023 passed in Cr. Misc. No. 1128 of 2023. Again the petitioner moved before this Hon'ble Court for grant of bail but the same was dismissed as withdrawn vide order dated 15.09.2023 passed in Cr. Misc. No. 61743 of 2023.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in

Patna High Court CR. MISC. No.24040 of 2024(3) dt.19-04-2024 2/2 the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. Vide order dated 27.03.2024 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 03.04.2024 reveals that the prosecution has examined all the witnesses and the statement under Section 313 of the Cr.P.C. has already been recorded and the defence evidence has been closed and the case is fixed for argument.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three criminal antecedents other than the present one.

7. Considering the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Gopalganj Town P.S. Case No. 389 of 2021 pending in the court of learned Additional Sessions Judge-XIII, Gopalganj.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T