Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31722 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- GAURICHAK - District- Patna ====================================================== Raushan Kumar S/O Yogendra Ram R/O Village- Ainio, P.S- Gourichak, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Gaurichak P.S. Case No. 116 of 2023, lodged on 22.02.2023, under Sections 302/379/394 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that earlier bail application of the petitioner was rejected vide order dated 06.09.2023 passed in Cr. Misc. No.4461 of 2023. The said order has been produced before this Court by way of supplementary affidavit. He submits that petitioner is completely innocent. He requests to call for the case-diary as the factual matrix which has been observed by the Court in order sheet is not in-consonance with the case-diary.

Patna High Court CR. MISC. No.31722 of 2024(3) dt.31-07-2024 2/2

4. Learned counsel for the State opposes the prayer for bail and submits that order is well considered and everything has been mentioned. There is no scope of review in the criminal matters.

5. Learned counsel for the informant also opposes the prayer for bail and submits that in this case some of the accused persons have been released on bail and they are creating undue pressure for not adducing the evidence. Counsel submits that three witnesses have been examined and informant has to be examined.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is refused. The trial Court is directed to expedite the trial.

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