Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47305 of 2021 Arising Out of PS. Case No.-95 Year-2017 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== MANISH KUMAR @ MANISH KUMAR SINGH Son of Late Mangal Singh Resident of Village - Manjhaul, Baba Tola, P.S.- Cheria Bariyapur, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 302,34 of IPC and Section 27 of Arms Act.

Allegation against the petitioner is of making firing on informant's wife namely Reena Devi due to which she died on the spot.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only on

Patna High Court CR. MISC. No.47305 of 2021(4) dt.27-04-2022 2/3 the basis of suspicion. He further submits that the charge has been framed on 09.10.2018 and the trial is going on. He further submits that the petitioner was in custody since 01.06.2018 to 05.12.2019 but thereafter he fled away from the judicial custody and thereafter he was again remanded in this case on 17.09.2020.

Vide order dated 22.03.2022, a report was called for with regard to the stage of the trial. Report reveals that the bail bond of another co-accused namely Pintu Poddar was cancelled, processes issued against him but till date the accused Pintu Poddar is absent and out of eight witnesses, three prosecution witnesses were examined and the case is running for prosecution evidence.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Trial No. 468 of 2018 arising out of Cheriya Bariyarpur P.S. Case No. 95 of 2017 pending in the court of learned Additional Sessions Judge-XIV, Begusarai.

Prayer is refused.

Patna High Court CR. MISC. No.47305 of 2021(4) dt.27-04-2022 3/3 However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Nitesh/- U T