Patna High CourtCR. MISC./47246/2024dismissed

Principal Kumar @ Pincpal Kumar v. The State Of Bihar

2024-07-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47246 of 2024 Arising Out of PS. Case No.-684 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Principal Kumar @ Pincpal Kumar S/o Ram Karan Singh @ Ram Karan Singh R/o Village Ramdiri Nakti Tola, Police Station Matihani District Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner was rejected vide order dated 30.08.2023 passed in Cr. Misc. No. 56718 of 2023 which reads as under:- "Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 684 of 2022 registered for the offence under Sections 398, 307 read with Section 34 of the Indian Penal Code and under Section 27 of the Arms Act and later Section 302 has also been added.

4. The petitioner is the assailant of the deceased and is in custody since 07.04.2021.

5. As per the prosecution case, when the informant reached his shop on the information that firing was made at his shop then he came to know that some criminals who were armed with weapons also entered into the shop and one of the criminals fired at the guard who has subsequently died.

6. This is a case of loot and murder and materials have come during investigation to connect

Patna High Court CR. MISC. No.47246 of 2024(2) dt.26-07-2024 2/2 the petitioner with the crime and the petitioner has six criminal antecedents also.

7. In view of the facts and circumstances, as mentioned above, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer of bail of the petitioner is rejected herewith.

9. The Court below is directed to expedite the trial of the petitioner and if there is delay in the trial then the petitioner may approach this Court."

3. It has been pointed out by the learned counsel for the petitioner that by mistake in the petition, the date of custody has wrongly been mentioned as 7.4.2021 in place of 15.5.2023 and because of the same the date of custody has wrongly been recorded as 7.4.2021 in earlier order sheet also.

4. In view of the above, let the same be corrected and the petitioner is treated to be in custody since 15.5.2023.

5. On perusal of the impugned order and the materials available on record, no ground of interference is made out.

6. Accordingly, this application is dismissed.

7. The trial is directed to be expedited.

(Sandeep Kumar, J) Vikas/- U