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Patna High CourtCR. MISC./34931/2020dismissed

Guddu @ Rajesh Kumar v. The State Of Bihar

2020-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34931 of 2020 Arising Out of PS. Case No.-771 Year-2017 Thana- HILSA District- Nalanda ====================================================== GUDDU @ RAJESH KUMAR S/o Sri Surendra Singh Resident of VillageMakhdumpur, P.S-Karai Parsurai, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr. Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition is by way of third attempt at the behest of the petitioner in connection with Hilsa P.S. Case No. 771 of 2017 for the offence punishable under sections 341, 302, 109 and 34 of the Indian Penal Code and Section 27 of the Arms Act inasmuch as the prayer of the petitioner for grant of bail has been rejected twice earlier vide order dated 05.07.2018 passed in Criminal Misc. No. 33142 of 2018 and order dated 27.03.2019 passed in Criminal Misc. No. 7902 of 2018. The petitioner is alleged to have fired at the deceased resulting in his death and he is stated to be the main assailant.

Patna High Court CR. MISC. No.34931 of 2020(2) dt.21-12-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 11.12.2017 and there is no progress in the trial.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the fact that the petitioner had fired on the father of the informant resulting in his death and moreover, there is no change in circumstance from the time the prayer of the petitioner for grant of regular bail was rejected twice earlier, till today, I do not find any ground to reconsider the prayer of the petitioner for grant of bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T