Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24478 of 2023 Arising Out of PS. Case No.-89 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== Manish Kumar son of Madhu Das Village- Vishambharpur Ps- Kalyanpur Dist- E. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Govind Sharma, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Kalyanpur P.S. Case No. 89 of 2021 (S.Tr. No. 421 of 2021) dated 11.04.2021, lodged under Sections 304(B), 201/ 34 of the I.P.C.

5. Learned counsel for the petitioner submits that vide order dated 29.11.2022 passed in Cr. Misc. No. 64612 of 2021, the bail application of the petitioner was rejected with liberty that he may renew his prayer for bail within nine months from the date of framing of charge and the Trial Court was directed to expedite the trial as early as possible.

6. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.24478 of 2023(3) dt.21-06-2023 2/2 charge has been framed in this case on 24.09.2021. As such, more than 11⁄2 years has lapsed. Counsel submits that as per his knowledge, no prosecution witness has been examined till date. Counsel submits that petitioner is in custody since 19.04.2021.

6. Learned counsel for the State opposes the prayer for bail and submits that this is a case lodged under Sections 304(B), 201/ 34 of the I.P.C. in which petitioner is a husband.

7. From the report, it transpires that for the production of witness, Court has issued summons and P.Ws. against chargesheeted witnesses as well as letter to the Superintendent of Police, East Champaran at Motihari for production of official and non-official witness.

7. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present and, therefore, his bail petition is hereby rejected again.

8. The Trial Court is directed to expedite the trial within six months from today.

9. With this observation, the bail application stands rejected.

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