Patna High CourtCR. MISC./49304/2023rejected

Kanhaiya Kumar v. The State Of Bihar

2023-09-14Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49304 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Kanhaiya Kumar Son Of Samir Singh Resident Of Village- Dafarpur, PsNawkothi, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 31.03.2023 in connection with Nawkothi P.S. Case No. 08 of 2023, F.I.R. dated 19.01.2023 for the offences punishable under Sections 302/34 of the Indian Penal Code along with Section 27 of the Arms Act.

3. According to prosecution case, petitioner is alleged to have assaulted the informant and her mother and also looted Rs. 30,000/- from them.

4. Learned counsel for the petitioner submits that he is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the

Patna High Court CR. MISC. No.49304 of 2023(3) dt.14-09-2023 2/2 F.I.R. is false and fabricated and he has not committed any offence.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner. Apart from the aforesaid facts, four charge-sheet witnesses have already been examined. He further submits that the petitioner carries four cases other than the present one.

6. Considering the aforesaid facts and circumstances that the trial is going on and four charge-sheet witness have already been examined. I am not inclined to enlarge the petitioner on bail in connection with Nawkothi P.S. Case No. 08 of 2023 pending in the court of learned Additional Sessions Judge - IIIrd, Begusarai.

7. Prayer is refused.

8. However, the learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Aditi U T