Patna High CourtCR. MISC./28411/2023rejected

Suraj Manjhi v. The State Of Bihar

2023-09-22Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28411 of 2023 Arising Out of PS. Case No.-450 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== SURAJ MANJHI son of Daresh Manjhi Yadav Village- Bithuna PsBasantpur Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 08.01.2021 seeks bail, in connection with S. Tr. No.226/2021, arising out of Basantpur P.S. Case No.450/2020, dated 04.11.2020, for the offences punishable under Sections 302, 324, 307, 34 of the IPC & Section 27 of the Arms Act.

3. According to prosecution case, the petitioner along with others inflicted gun shot injury to one Pawan Baba and Amrit Singh, who died during course of treatment.

4. Earlier the bail petition of the petitioner was rejected vide order dated 27.04.2022 passed in Cr. Misc. No. 63487/2021.

5. Vide order dated 03.05.2023, a report was called for from the learned trial court regarding the present stage of the trial. Report dated 18.05.2023 of the learned trial court reveals that out of

Patna High Court CR. MISC. No.28411 of 2023(3) dt.22-09-2023 2/2 11 charge sheeted witnesses, 7 prosecution witnesses have already been examined in the present case and the case is pending for examination of the rest of three prosecution witnesses.

6. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and report of the learned trial court that out of 11 charge sheeted witnesses, 7 prosecution witnesses have already been examined in the present case, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No.226/2021, arising out of Basantpur P.S. Case No.450/2020, pending in the court of learned Additional Sessions Judge-III, Siwan.

8. Prayer is refused.

9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) amit/- U T