Patna High CourtCR. MISC./46339/2021bail rejected

Nitish Kumar v. The State Of Bihar

2022-04-22Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46339 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== NITISH KUMAR Son of Late Arun Kumar Resident of Village - Mathuriya Tedhi Varun Gali, Sabzi Bazar, P.S.- Laheri, Distt.- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49269 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== SAGAR KUMAR Son of Arun Kumar Resident of Muhalla- Mathuria, Tedi Varn Sabji Bazar, Biharsharif, P.S.- Laehri, District- Nalanda. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 46339 of 2021) For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Madhura Nand Jha (In CRIMINAL MISCELLANEOUS No. 49269 of 2021) For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-04-2022 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioners seek regular bail in connection with

Patna High Court CR. MISC. No.46339 of 2021(4) dt.22-04-2022 2/3 Laheri P.S. Case No. 8 of 2021 for the offence punishable under Sections 302, 201 and 379/34 of the Indian Penal Code. In compliance of the order dated 22.03.2022, the Additional District and Sessions Judge-II, Biharsharif, Nalanda vide his Letter No. 69/2022 dated 13.04.2022 has informed that almost all the witnesses have already been examined and only three non-official witnesses are remained to be examined till date.

Shri Udbhav, learned counsel appearing on behalf of the informant submits that as per his instruction, all the witnesses have already been examined and as such, at this stage it will not be proper to release the petitioners on bail. Taking into consideration the progress in the trial and nature of allegation made against the petitioners of aforesaid two bail applications under Section 302 IPC, I am not inclined to enlarge the petitioners on bail.

Accordingly, the aforesaid two bail applications are rejected.

The trial court is directed to conclude the trial expeditiously well within a period of 3 months considering the fact that almost all the witnesses have been examined. SP, Nalanda is directed to produce all the remaining

Patna High Court CR. MISC. No.46339 of 2021(4) dt.22-04-2022 3/3 witnesses on each and every date fixed by the trial court. (Purnendu Singh, J) mantreshwar/- U T