Patna High CourtCR. MISC./39052/2021rejected

Prakash Kumar v. The State Of Bihar

2021-11-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39052 of 2021 Arising Out of PS. Case No.-52 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== PRAKASH KUMAR Son of Uday Kumar Ray Resident of Village - Paharpur East, Ward No.- 6, P.S.- Paharpur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-11-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Bakhtiyarpur P.S. Case No. 52 of 2019, disclosing the offence punishable under Section 395 of the Indian Penal Code. This application has been filed renewing prayer for release of the petitioner on regular bail which was earlier rejected by an order dated 25.09.2020, passed in Cr. Misc. No. 18813 of 2020.

Mr. Dhirendra Kumar Sinha, learned counsel appearing on behalf of the petitioner has relied on certain orders passed by this Court, whereby other persons, who have been implicated in the case, have been granted regular bail. He has further submitted that there is no progress at the trial and the

Patna High Court CR. MISC. No.39052 of 2021(4) dt.17-11-2021 2/2 petitioner is in custody for almost two years. Be that as it may, in the earlier order dated 25.09.2020 rejecting petitioner's prayer for regular bail, facts and circumstances have been noted in detail. Considering the gravity of the offence and incriminating materials collected during course of investigation and the petitioner's criminal antecedent, it was considered proper to reject the petitioner's prayer for bail. In my view, there is no such fresh material on record as would require this Court to reconsider the petitioner's prayer for regular bail.

This application is accordingly rejected. It is, however, observed that let the trial, arising out of Bakhtiyarpur P.S. Case No. 52 of 2019, be expedited before the court below and in case there is no substantial progress at the trial, the petitioner shall be at liberty to renew his prayer for bail after six months.

(Chakradhari Sharan Singh, J) Rajesh/- U T