Patna High CourtCR. MISC./60437/2024rejected

Basudeo Pattidar @ Basodeo Pattidar v. The State Of Bihar

2024-11-26Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60437 of 2024 Arising Out of PS. Case No.-58 Year-2022 Thana- CHANDAN District- Banka ====================================================== Basudeo Pattidar @ Basodeo Pattidar son of Sri Basauti Lal Village- Dalam H.No-107, Ps- Meru Dist-Mandsor M.P ... ... Petitioner/s

Versus

The State of Bihar 2.

Uttam Kumar son of Late Surendra Prasad Poddar R/o- Chandan PsChandan Dist- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyaveer Jha, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-11-2024 Heard Mr. Satyaveer Jha, learned counsel for the petitioner and Mr. Vinod Shanker Modi, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 13.03.2023 in connection with Chandan P.S. Case No. 58 of 2022, F.I.R. dated 20.03.2022 for the offences punishable under Sections 364, 302, 376(D.B.) and 201 of the Indian Penal Code and Section 4 of the POCSO Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 27.09.2023 passed in Cr. Misc. No. 49265 of 2023.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.60437 of 2024(3) dt.26-11-2024 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. Vide order dated 04.09.2024 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 12.09.2024 reveals that out of 23 witnesses, 9 witnesses have been examined whereas learned counsel for the petitioner submits that till now 13 witnesses have been examined.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the F.S.L. report as well as CDR report suggest that the petitioner is involved in the present crime in question and blood of the victim was found in the barrack of the petitioner.

7. Considering the aforesaid facts and circumstances, nature of allegation as well as report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Chandan P.S. Case No. 58 of 2022 pending in the court of learned Additional Sessions Judge-VI-cum-Special Judge

Patna High Court CR. MISC. No.60437 of 2024(3) dt.26-11-2024 3/3 POCSO, Banka.

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