Chandeshwar Das @ Chandrashekhar Das @ Babaji @ Baba Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51661 of 2024 Arising Out of PS. Case No.-194 Year-2020 Thana- SAMASTIPUR District- Samastipur ====================================================== Chandeshwar Das @ Chandrashekhar Das @ Babaji @ Baba Jee Son of Anandi Das Resident of Village - Bhamrupur, P.S.- Muffasil, District - Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Kumar, Adv.
For the Opposite Party/s :
Mr. Ramesh Chandra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Samastipur Town P.S. Case No. 194 of 2020, registered for the offences under Sections 302, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. This is the third attempt of the petitioner to seek bail from this Court as earlier the prayer for bail of the petitioner was rejected vide order dated 01.08.2022 passed in Cr. Misc. No. 60942 of 2021 and vide order dated 26.07.2023 passed in Cr. Misc. No. 33275 of 2023.
4. Perused the records.
5. A report has been called for from the learned trial court and in its report the learned trial court has submitted that
Patna High Court CR. MISC. No.51661 of 2024(3) dt.20-09-2024 2/2 after closure of the prosecution evidence, the statement of the victim under Section 313 of the Code of Criminal Procedure has been recorded on 06.09.2024 and the matter has been fixed for evidence of the defence and a list of four witnesses have been given by the defence for their examination.
6. Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody since 04.10.2020.
7. Since the matter is at its fag end and I do not find any material change in the circumstances to take a different view from what this Court took while passing the last two orders dated 01.08.2022 passed in Cr. Misc. No. 60942 of 2021 and order dated 26.07.2023 passed in Cr. Misc. No. 33275 of 2023.
8. Hence, the prayer for bail is rejected.
9. Now it is up to the petitioner to get the witness examined as soon as possible, so that the learned trial court may move towards the disposal of the present case. (Arun Kumar Jha, J) anuradha/- U T