Patna High CourtCR. MISC./22943/2024bail rejected

Kanhai Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22943 of 2024 Arising Out of PS. Case No.-85 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== Kanhai Kumar Son of Rajendra Mahto Resident of Muhalla- Loha Ka Pool, P.S.- Mehandiganj, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, 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.1348 of 2022 arising out of Mehandiganj P.S. Case No. 85 of 2022, lodged on 25.05.2022 under Sections 323, 341, 342, 326, 302, 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 twice rejected vide orders dated 24.12.2022 and 02.08.2023 passed in Cr. Misc. Nos. 56557 of 2022 and 36765 of 2023 respectively. Counsel further submits that in the subsequent rejection order of the petitioner, it was directed that this Court is not inclined to grant bail to the petitioner at present. Counsel further submits that the criminal

Patna High Court CR. MISC. No.22943 of 2024(4) dt.05-07-2024 2/2 antecedent of the petitioner is not clean and there are two criminal cases pending against him in which in both the cases, he is on bail. The petitioner is in custody since 06.06.2022 in the present case.

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

5. In the present facts and circumstances of the case seeing the allegation against the petitioner and there is eyewitness in this case, this Court is not inclined to grant regular bail to the petitioner.

6. Accordingly, the prayer for regular bail of the petitioner in connection with Sessions Trial No.1348 of 2022 arising out of Mehandiganj P.S. Case No. 85 of 2022, pending before the learned 1st Additional District & Sessions Judge, Patna is hereby rejected.

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