Patna High CourtCR. MISC./36765/2023bail rejected

Kanhai Kumar v. The State Of Bihar

2023-08-02Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36765 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== Kanhai Kumar Son of Rajendra Mahto Resident of village - Loha Ka Pul, P.S. - Mehandiganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner submits that the bail application of the petitioner in connection with Sessions Trial No. 1348 of 2022, arising out of Mehandiganj P.S. Case No. 85 of 2022 dated 25.05.2022 has earlier been rejected vide order dated 24.12.2022 passed in Cr. Misc. No. 56557 of 2022.

3. Learned counsel for the petitioner further submits that the petitioner is in custody since 06.06.2022 in which charge has already been framed.

4. Learned A.P.P. for the State opposes the prayer for bail and submits that the progress report has been called for in this case. Counsel submits that any decision may be taken only after considering the progress report submitted by the

Patna High Court CR. MISC. No.36765 of 2023(3) dt.02-08-2023 2/2 concerned Trial Court.

5. From the progress report, it transpires that 2 witnesses were examined out of 6 witnesses. It has been submitted by the Court that the trial is likely to be completed within 9 months.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner at present and, therefore, his bail application is hereby rejected again.

7. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T