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Patna High CourtCR. MISC./31093/2022rejected

Akshya Kumar @ Sonu Mandal v. The State Of Bihar

2023-02-24Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31093 of 2022 Arising Out of PS. Case No.-18 Year-2020 Thana- BATH District- Bhagalpur ====================================================== Akshya Kumar @ Sonu Mandal Son of Subodh Mandal Resident of Village - Kaswa Khary, Police Station - Shahkund, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-02-2023 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/201 of the Indian Penal Code and Section 27 of the Arms Act.

The F.I.R. of the occurrence of murder is against unknown.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on the basis of suspicion. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been

Patna High Court CR. MISC. No.31093 of 2022(4) dt.24-02-2023 2/2 transpired during investigation on the basis of the confessional statement of the petitioner.

Pursuant to the order dated 02.11.2022, a report was called for with regard to the stage of the trial. The report dated 03.02.2023 reveals that out of eight prosecution witnesses, six prosecution witnesses have been examined and the trial is likely to be concluded.

In view of the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with Bath P.S. Case No. 18 of 2020, G.R. No. 1595 of 2020 pending in the Court of learned Additional Sessions Judge-XII, Bhagalpur. Prayer is refused.

However, the learned Trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Ibrar//- U T