Patna High CourtCR. MISC./50554/2023bail rejected

Akash Tanti v. The State Of Bihar

2023-11-10Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50554 of 2023 Arising Out of PS. Case No.-150 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== AKASH TANTI S/O LATE PARSHURAM TANTI R/O Village/MuhallaRam Nagar Morcha, P.S- Naya- Ram-Nagar, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-11-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 18 of 2022, arising out of Naya Ram Nagar Police Station Case No. 150 of 2020, registered for the offences punishable under Sections 147/148/149/302/379 of the Indian Penal Code and Section 27 of the Arms Act.

3. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 04.04.2022, passed in Criminal Misc. No. 29077 of 2021, giving liberty to the petitioner to renew his prayer for bail

Patna High Court CR. MISC. No.50554 of 2023(3) dt.10-11-2023 2/3 after one year from the date of the order, if the trial does not show any progress.

4. The allegation against the petitioner, as per the First Information Report, is that he, along with other coaccused persons, fired upon the brother of the informant, due to which he died.

5. Learned Counsel for the petitioner submits that the petitioner is in custody since 15.09.2020 and the trial has not progressed substantially.

6. This Court, vide order, dated 09.08.2023, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned Additional Sessions Judge-III, Munger and from perusal of the same, it would be evident that evidence of prosecution has been closed and the trial is fixed for statement of the accused persons, to be recorded under Section 313 of the Code of Criminal Procedure, 1973, and the learned Trial Court has given estimated time for completion of the trial within three months.

7. In view of the report of the learned Trial Court, I am not inclined to grant regular bail to the petitioner, at this

Patna High Court CR. MISC. No.50554 of 2023(3) dt.10-11-2023 3/3 stage.

8. This application is, accordingly, dismissed.

9. However, the petitioner will be at liberty to renew his prayer for bail after three months from today, if the trial is not concluded.

(Anil Kumar Sinha, J.) harshpandey/- U