Manoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33564 of 2022 Arising Out of PS. Case No.-259 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== MANOJ SAH SON OF LAL BABU SAH R/O VILLAGE- MIRZAPUR DEKULI KOWAHI, P.S.- BAHADURPUR, DISTRICT- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Nath Jha, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-07-2022 Heard Mr. Shambhu Nath Jha, learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Bahadurpur P.S. Case No. 259 of 2021 registered for the offences punishable under Sections 498-A, 326 and 307 of the Indian Penal Code. Subsequently, Section 304-B of the Indian Penal Code was added.
This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 4.2.2022 passed in Cr. Misc. 43868 of 2020.
The ground which the petitioner is advancing at this stage that during course of trial, out of ten witnesses, five have
Patna High Court CR. MISC. No.33564 of 2022(3) dt.13-07-2022 2/2 been examined, but they have not supported the prosecution case, in my opinion, the same is not a ground for grant of bail at this stage inasmuch as this Court cannot appreciate the testimony of the witnesses recorded during course of the trial. The petitioner has failed to bring any changed circumstances for reconsideration of his bail application which was dismissed on merit about 3-4 months back i.e. on 4.2.2022, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.
(Anil Kumar Sinha, J) S.Ali/- U T