Shiv Kumar @ Gunjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44059 of 2021 Arising Out of PS. Case No.-67 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Shiv Kumar @ Gunjan S/O Gopal Pandit R/O Village- Manjhaul, P.S.- Cheria Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/307/326/504/34 of the Indian Penal Code.

In the past prayer for bail to the petitioner was refused vide order at Annexure-1; for the reason that the petitioner was carrying allegation of burning of his wife, who is the informant of this case. Petitioner is in custody since 13.01.2020. Report of the trial Judge would reveal that charges have already been framed on 07.07.2021 and the case is pending awaiting prosecution witnesses.

The Superintendent of Police, Begusarai, is directed

Patna High Court CR. MISC. No.44059 of 2021(3) dt.15-12-2021 2/2 to ensure production of all the charge sheet witnesses in Sessions Case No.215 of 2021 before the learned Additional Sessions Judge-XII, Begusarai. The aforesaid trial arises out of Cheriya Bariyarpur P.S. Case No.67 of 2019.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail for the present in connection with Sessions Case No.215 of 2021, arising out of Cheriya Bariyarpur P.S. Case No.67 of 2019. Hence, prayer for bail is refused.

(Birendra Kumar, J) Mkr./- U T