Patna High CourtCR. MISC./19160/2020dismissed

Munna Kumar @ Munna Rai v. The State Of Bihar

2020-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19160 of 2020 Arising Out of PS. Case No.-444 Year-2018 Thana- GARKHA District- Saran ====================================================== MUNNA KUMAR @ MUNNA RAI Son of Kameshwar Rai @ Kameshwar Ray R/o Village- Ramgarha, P.S.- Awatarnagar, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Section 302, 34 of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected vide Annexure-2 to the present application taking into account that in course of investigation, on the basis of confession made by the petitioner, the arms used in the occurrence is said to have been recovered from his possession. The Sim card used in the

Patna High Court CR. MISC. No.19160 of 2020(4) dt.14-12-2020 2/2 occurrence was also recovered from possession of the petitioner. The postmortem report also supports the confession made by this petitioner.

Report is received from the trial court. It has been reported that out of 10 charge sheeted witnesses, three prosecution witnesses have already been examined. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 144 of 2019 arising out of Garkha P.S. Case No. 444 of 2018 is rejected.

Learned trial court is directed to take all necessary steps to expedite the trial of the petitioner. (Sudhir Singh, J) A.K.V.//- U T