Patna High CourtCR. MISC./56473/2023bail rejected

Abhishek Kumar Das @ Mani @ Abhishek Kumar v. The State Of Bihar

2024-02-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56473 of 2023 Arising Out of PS. Case No.-72 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== Abhishek Kumar Das @ Mani @ Abhishek Kumar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prakash Kumar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Laxmipur Gidhour P.S. Case No. 72 of 2020 giving rise to Children P.S. Case No. 03 of 2021, lodged under section 302 of the I.P.C.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 26.09.2022 passed in Cr. Misc. No. 10292 of 2021 and status report has been called for in which it has come that nine witnesses have already been examined out of 15 witnesses by 22.12.2023. Thereafter, two months' time have already been lapsed.

4. Counsel for the State submits that time may be

Patna High Court CR. MISC. No.56473 of 2023(6) dt.09-02-2024 2/2 fixed for conclusion of trial.

5. It transpires to this Court that petitioner is in custody since 01.03.2020 and evidence is going on. Only six witnesses are yet to be examined.

6. In this background, this Court is not inclined to grant bail to the petitioner at present. As such, the bail application of the petitioner is hereby rejected.

7. However, trial court is directed to expedite the trial and conclude it within six months. If trial shall not be concluded within six months, the court is directed to release the petitioner on bail furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I, Jamui, subject to the following conditions as laid down under Section 437(3) of Cr.P.C., so that he may not evade his appearance during trial. (Dr. Anshuman, J.) Prakashmani/- U T