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Patna High CourtCR. MISC./48648/2024rejected

Golu @ Golden Kumar @ Kundan Ray v. The State Of Bihar

2024-09-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48648 of 2024 Arising Out of PS. Case No.-124 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== Golu @ Golden Kumar @ Kundan Ray Son of Madan Mahto @ Madan Ray Resident of village - Laliyahi, P.S.- Sahayak, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Nand Poddar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2024 Heard Mr. Rama Nand Poddar, learned counsel for the petitioner and Mr. Surendra Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 29.03.2022, in connection with Sessions Trial No. 543 of 2022 arising out of Katihar (Nagar) P.S. Case No. 124 of 2022, F.I.R. dated 15.03.2022 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the bail petition of the petitioner was rejected vide order dated 14.07.2023 passed in Cr. Misc. No. 22361 of 2023 and thereafter the petitioner has again moved for regular bail before the Hon'ble Court in Cr. Misc. No. 8766 of 2024 but the same was also rejected vide order dated 02.02.2024.

Patna High Court CR. MISC. No.48648 of 2024(3) dt.20-09-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Vide order dated 06.09.2024 a report was called for with regard to the stage of the trial. Report dated 10.09.2024 of the learned Trial Court reveals that out of nine chargesheeted, four witnesses have been examined and the case is pending for the examination of rest prosecution witnesses.

6. Considering the nature of allegation as alleged in the F.I.R. as well as the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 543 of 2022 arising out of Katihar (Nagar) P.S. Case No. 124 of 2022 pending in the Court of learned 5th Additional Sessions Judge, Katihar.

7. Prayer is refused.

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