Patna High CourtCR. MISC./48885/2023rejected

Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

2023-09-15Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48885 of 2023 Arising Out of PS. Case No.-95 Year-2017 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Manish Kumar @ Manish Kumar Singh Son of Late Mangal Singh @ Visambhar Singh Resident of village - ward no. 10, Panchyat 02, Manjhaul, P.S. - Chera Baraiarpur, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The anticipatory bail application of the petitioner has been earlier rejected vide order dated 27.04.2022 in Cr. Misc. No. 47305 of 2021 with a direction to learned Trial Court to expedite the trial.

3. Petitioner seeks bail who is in custody since 17.09.2020 in connection with Sessions Trial No. 468 of 2018 arising out of Cheria-Baraiarpur P.S. Case No. 95 of 2017, F.I.R. dated 17.06.2017 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

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

Patna High Court CR. MISC. No.48885 of 2023(3) dt.15-09-2023 2/2 present case.

5. Vide order dated 02.08.2023 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 21.08.2023 reveals that the out of 8 charge sheet witnesses, 6 witnesses have already been examined and only Doctor and I.O. are required to be examined in the present case

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 468 of 2018 arising out of CheriaBaraiarpur P.S. Case No. 95 of 2017 pending in the court of learned Additional Sessions Judge II, Begusarai.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T