Chandan Kumar @ Chandan Gop v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47567 of 2022 Arising Out of PS. Case No.-41 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== CHANDAN KUMAR @ CHANDAN GOP, Son of Om Prakash Yadav, R/vBelwargani, Near Anand Mall, P.S- Alamganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner seeks bail in connection with Special Case No.931 of 2020 arising out of Ramkrishna Nagar P.S. Case No.41 of 2020 registered for the offences punishable under Section 302 of the Indian Penal Code, Section 27 of the Arms Act and Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018.

3.

The petitioner had earlier moved this Court twice in Cr. Misc. No. 26329 of 2020, which was rejected vide order dated 02.12.2020, and in Cr. Misc. No. 46905 of 2021, which was permitted to be withdrawn vide order dated 15.12.2021

Patna High Court CR. MISC. No.47567 of 2022(5) dt.21-12-2022 2/3 4.

The petitioner has now remained in custody for nearly three years since his arrest on 29.02.2020. 5.

Learned counsel for the petitioner submits that in view of the long period of custody, this Court should reconsider the petitioner's prayer for bail. Also having regard to the fact that his implication is based on suspicion arising out of circumstances emerging in the course of investigation.

6.

Learned APP, however, submits that the material has emerged in the course of investigation and also submitted that the petitioner is accused in another case also for offence under Section 302 of the Indian Penal Code. 7.

Considering the rival submissions, this Court is not inclined to take a different view than what has been taken in the last rejection order dated 02.12.2020. 8.

Prayer for bail is rejected.

9.

The trial court, however, is expected to proceed with the trial expeditiously, without any undue adjournments or unnecessary delay.

10.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks

Patna High Court CR. MISC. No.47567 of 2022(5) dt.21-12-2022 3/3 from the date he is called upon to do so by the office. (Madhuresh Prasad, J) shashank/- U T