Patna High CourtCR. MISC./46320/2024bail rejected

Bihari Manjhi @ Bihari Kumar @ Bihari Kumar Manjhi v. The State Of Bihar

2024-08-30Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46320 of 2024 Arising Out of PS. Case No.-106 Year-2021 Thana- AMARPUR District- Banka ====================================================== Bihari Manjhi @ Bihari Kumar @ Bihari Kumar Manjhi S/o Vijay Manjhi R/o vill - Ballikitta, P.S. - Amarpur, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Kaushal Kumar Jha, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 237 of 2022 arising out of Amarpur P.S. Case No. 106 of 2021, dated 23.02.2021, registered for the offences punishable under Sections 302 / 34 of the Indian Penal Code.

3. The Petitioner had moved this court even earlier vide Cr. Misc. No. 6241 of 2022 for regular bail. However, the same was rejected vide order dated 06.07.2022 by this Court, in view of serious nature of allegation against the Petitioner.

4. Learned counsel for the petitioner submits that the Petitioner has been languishing in jail since 24.02.2021 i.e for about three and a half years and trial has not yet concluded and the same is still at the stage of prosecution evidence.

Patna High Court CR. MISC. No. 46320 of 2024(4) dt.30-08-2024

5. It has further been stated in paragraph no. 3 of the bail petition that the Petitioner has no criminal antecedents.

6. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the allegation against the Petitioner is very serious in nature and he is the main assailant and trial is on the verge of conclusion. As per the report of the Trial Court, the trial is likely to be concluded within six months.

7. Considering the serious nature of allegation, I am not persuaded to enlarge the Petitioner on bail at this stage.

8. The bail petition of the Petitioner is rejected, accordingly.

9. However, learned Trial Court is directed to conclude the trial at the earliest and if the trial is not concluded within nine months, the Petitioner would be at liberty to renew his prayer for bail.

(Jitendra Kumar, J) Chandan/ RavishankarU T