Patna High CourtCR. MISC./46782/2024rejected

Umesh Bhagat v. The State Of Bihar

2024-09-13Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46782 of 2024 Arising Out of PS. Case No.-89 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== UMESH BHAGAT SON OF BADRI BHAGAT Village- Nandwara Badhai Tola ward no. 8 @ Nandwara Barai Tola ward no. 8, P.S.- Bairgania, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-09-2024 Heard Mr.Santosh Kumar, learned counsel for the petitioner and Mr.Jharkhandi Upadhyay, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 18.04.2023 in connection with Bairgania P.S. Case No.89 of 2022, S.Tr.No.95 of 2024, F.I.R. dated 06.04.2022 registered for the offence punishable under Sections 302,34,504 of IPC.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 04.09.2023 passed in Cr.Misc.No.50313 of 2023.

4. Learned counsel appearing for the petitioner submits that the petitioner is in custody since 18.04.2023 and the trial is not in progress and co-accused persons, namely,

Patna High Court CR. MISC. No.46782 of 2024(4) dt.13-09-2024 2/2 Nutan Devi,Aarati Devi, Khusboo Devi and Shikila Devi have been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court vide order dated 03.02.2023 passed in Cr. Misc.No.73372 of 2022.

5. Learned APP for the State have opposed the prayer for bail of the petitioner.

6. Vide order dated 02.08.2024, a report was called for with regard to the present status of the trial. Report of the learned Trial Court dated 20.08.2024 reveals that the trial is going on and two prosecution witnesses have already been examined.

7. Considering the nature of allegation in the FIR and the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Bairgania P.S. Case No.89 of 2022, S.Tr.No.95 of 2024 pending in the court of learned Additional District and Sessions Judge-IX, Sitamarhi.

8. Prayer is refused.

9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T