Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36370 of 2024 Arising Out of PS. Case No.-576 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Rahul Kumar Son of Dharmendra Kumar Thakur @ Dharmendra Thakur Resident of Village- Karbaddha Pataili, P.S.- Ujiarpur, District- Samastipur (Bihar) 2.

Karanti Sada @ karanti Kumar Sada Son of Gouri Sada Resident of Belri, Ward No.3, P.S.- Ujiarpur, Dist.- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioners seek regular bail in the present case registered for the offence under Sections 395 and 397 of the Indian Penal Code.

3. Earlier the bail application of the petitioners was rejected by this court on 04.08.2024 in Cr. Misc. No. 46220 of 2023.

4. The following order was passed on 04.08.2024:- "Heard learned counsel for the petitioner and learned APP for the State.

2. This application for grant of regular bail arise out of Samastipur Muffasil P.S. Case No. 576 of 2022 registered for the offence punishable

Patna High Court CR. MISC. No.36370 of 2024(2) dt.12-07-2024 2/2 under Sections 395, 397 of the Indian Penal Code.

3. As per prosecution case, unknown criminals looted jewellery from jewellery shop.

4. The dacoity is worth of Rs. 1 Crore and some of the looted articles have been recovered from the petitioner which are identified by the informant.

5. In view of the aforesaid fact, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the prayer of bail of the petitioner is rejected herewith.

7. The Trial Court is directed to expedite the trial.

8. The Superintendent of Police, Samastripur is directed to expedite the trial of all the accused in this case.

9. Let a copy of this order be communicated to the Superintendent of Police, Samastipur and the District Judge, Samastipur for its compliance through FAX and e-mail forthwith.

10. The Trial Court is directed to report this Court within three months about the progress of the trial."

5. Learned counsel for the petitioners submits that the petitioners have not been examined by the informant, therefore, he may be granted bail.

6. Since the trial has started, I am not inclined to grant bail to the petitioners in such a serious case of dacoity.

7. This application stands rejected.

8. The trial Court is directed to conclude the trial at the earliest.

(Sandeep Kumar, J) Shishir/- U T