Patna High CourtCR. MISC./42463/2024dismissed

Viki Kumar @ Vicky Kumar @ Viki Kumar Gupta v. The State Of Bihar

2024-07-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42463 of 2024 Arising Out of PS. Case No.-618 Year-2023 Thana- BARH District- Patna ====================================================== Viki Kumar @ Vicky Kumar @ Viki Kumar Gupta son of Naresh Sao Village- Motipur Ps- Naubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Advocate For the State :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 20.02.2024 in Cr. Misc. No. 9966 of 2024.

3. The petitioner seeks bail in connection with Barh P.S. Case No. 618/2023 registered for the offence punishable under Sections 395/397 of the Indian Penal Code.

4. The following order was passed on 20.02.2024 in Cr. Misc. No. 9966 of 2024 which reads as under: "Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Barh P.S. Case No. 618/2023 registered for the offence punishable under Sections 395/397 of the Indian Penal Code.

Patna High Court CR. MISC. No.42463 of 2024(2) dt.19-07-2024 2/2

3. As per the prosecution case, 5-6 known criminals went inside the house of the informant and assaulted the informant and his family members. They had gone there to commit dacoity, but they could not succeed.

During investigation, the petitioner's presence has been found on the spot by the police after comparing the dump data. It has also come that the accused persons had gone there to commit dacoity as they had information that the informant had Rupees Two Crore in his house. The petitioner is in custody since 03.10.2023.

4. Considering the aforesaid, I am not inclined to grant bail to this petitioner though some of the co-accused have been granted bail by this Court.

5. This application is dismissed.

6. The trial Court is directed to expedite the trial. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

7. Let a copy of the order be communicated to the District Judge, Patna through FAX/e-mail forthwith for compliance of the order."

5. This Court finds no ground to review its earlier order dated 20.02.2024.

6. Accordingly, this application stands dismissed. (Sandeep Kumar, J) P. Kumar U T