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Patna High CourtCR. MISC./49843/2024dismissed

Manoj Thakur @ Manoj Kumar Sharma v. The State Of Bihar

2025-02-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49843 of 2024 Arising Out of PS. Case No.-40 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Manoj Thakur @ Manoj Kumar Sharma Son of Ballav Thakur @ Ram Balam Thakur R/O Vill.- Basabariya, P.S.- Saharghat, Dist.-Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Binay Kumar, Advocate For the Opposite Party :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

This is the second attempt on behalf of the petitioner for grant of regular bail in connection with Saharghat P.S. Case No.40 of 2023 registered for the offence under section 395 of the Indian Penal Code and under section 3/4 of the Explosive Substances Act.

3.

Earlier the bail application of the petitioner has been rejected vide order dated 27.02.2024 passed in Criminal Miscellaneous No.75086 of 2023.

4.

The petitioner is accused in a case of dacoity. 5.

The petitioner is in custody since 21.07.2023. He has three criminal antecedents. 6.

Learned counsel for the petitioner has

Patna High Court CR. MISC. No.49843 of 2024(5) dt.21-02-2025 2/2 submitted that the trial has started and two witnesses have been examined, who have not identified the petitioner. 7.

Considering the fact that the trial has proceeded and also considering the decision of the Hon'ble Supreme Court rendered in the case of X vs. State of Rajasthan & Anr. reported in 2024 SCC OnLine SC 3539, I am not inclined to grant bail to the petitioner. Accordingly, this bail application is dismissed.

(Sandeep Kumar, J) pawan/- U T