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Patna High Court/23977/2023dismissed

Bittu Singh @ Bittu Kumar v. The State Of Bihar

2023-04-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23977 of 2023 Arising Out of PS. Case No.-254 Year-2016 Thana- DHANARUA District- Patna ====================================================== BITTU SINGH @ BITTU KUMAR SON OF BINAY SINGH VILLAGE -NADWAN, P.S DHANARUA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of fourth attempt at the behest of the petitioner for grant of bail in connection with S.Tr. No. 445 of 2018 arising out of Dhanarua P.S. Case No. 254 of 2016 for the offence punishable under Sections 341, 342, 323, 325, 307, 379, 504, 506/34 and 302 of the Indian Penal Code and Section 27 of the Arms Act inasmuch as all the earlier bail petitions filed by the petitioner for grant of bail have stood rejected.

The petitioner is the main assailant who is alleged to have assaulted the deceased resulting in his death subsequently.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 08.06.2016 and there is no substantial progress in the on going trial, hence the petitioner be granted

Patna High Court CR. MISC. No.23977 of 2023(2) dt.12-04-2023 2/2 bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail and has submitted that the petitioner is the main assailant who has inflicted repeated blows on the deceased leading to his death and moreover, the petitioner appears to be a veteran criminal inasmuch as he is an accused in nine other criminal criminal cases.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court finds that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail and moreover, since the petitioner is alleged to have brutally assaulted the deceased resulting in his subsequent death and appears to be a veteran, being an accused in nine other criminal cases, I do not find any merit in the present petition, hence the same stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T