Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51722 of 2024 Arising Out of PS. Case No.-438 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Satish Kumar Son Of Laxman Sahni @ Lakshman Sahni Village- Satichoura Sabalpur, PS- Nadi, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Advocate For the State :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 27.02.2024 in Cr. Misc. No. 73912 of 2023.

3. The petitioner seeks bail in connection with Malsalami P.S. Case No. 438 of 2022 registered for the offence under Sections 147, 148, 149, 341, 302 of the Indian Penal Code and later Sections 396, 412, 427 of the Indian Penal Code was added.

4. The following order was passed on 27.02.2024 in Cr. Misc. No. 73912 of 2023 which reads as under: "Heard learned counsel for the petitioner and learned APP for the State Shri Jhankhandi Upadhyay.

Patna High Court CR. MISC. No.51722 of 2024(2) dt.02-08-2024 2/3

2. The petitioner seeks bail in connection with Malsalami P.S. Case No. 438 of 2022 registered for the offence under Section 147, 148, 149, 341, 302 of the Indian Penal Code and later Section 396, 412, 427 of the Indian Penal Code was added.

3. As per the prosecution case, the petitioner is said to have committed the murder of a Guard at the Buddha Car Showroom at Patna and have also committed loot there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case.

5. It is also submitted by the learned counsel forthe petitioner that the petitioner is in jail since 22.09.2022.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that the petitioner is accused in seven more serious or similar cases.

7. Considering the seriousness of the allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The trial Court is directed to expedite the trial of the petitioner and conclude the same at the earliest. If there is no sufficient progress in the trial due to the fault of the prosecution side then the petitioner may renew his prayer for grant of bail.

10. The Senior Superintendent of Police, Patna is directed to produce the witnesses of this case in the Court below on the dates fixed by the Court for early disposal of the trial of the petitioner. The District Judge, Patna is directed to see to it that the trial of the petitioner is held on day to day basis so that the criminals can be punished.

11. Let a copy of this order be communicated to the District Judge, Patna and Senior Superintendent of Police, Patna through

Patna High Court CR. MISC. No.51722 of 2024(2) dt.02-08-2024 3/3 FAX for its compliance."

5. The trial is on the verge of completion. This Court finds no new ground to review its earlier order dated 27.02.2024.

6. Accordingly, this application stands dismissed. (Sandeep Kumar, J) P. Kumar U T