Kunal Sah @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4802 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ====================================================== Kunal Sah @ Kunal Kumar, Son of Sanjay Sav, in front of Heart Hospital Mandi near Tea Shop (Below Rajendra Nagar Bridge, Sabji Mandi), Police Station- Patrakar Nagar, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Satyendra Narayan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking regular bail in S. Tr. No. 704 of 2017 arising out of Patrakar Nagar P.S. Case No. 101 of 2017 registered for the offence under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 02.03.2017 in connection with this case. Learned counsel further submits that a similarly situated accused has been granted regular bail by a co-ordinate bench of this Court.

Learned counsel representing the State, however, submits that there are serious allegations of causing knife injury in

Patna High Court Cr.Misc. No.4802 of 2018 (2) dt.02-02-2018 2/2 the abdomen by this petitioner. The injury report shows that it had ruptured the stomach wall and the injury was grievous in nature, therefore, the period of custody should not be a consideration for grant of bail.

Considering the facts and circumstances, I am not inclined to grant regular bail to the petitioner at this stage in connection with S.Tr. No. 704 of 2017 arising out of Patrakar Nagar P.S. Case No. 101 of 2017.

Trial court is directed to expedite the trial and ensure that the prosecution witnesses are examined well within a reasonable time.

The Public Prosecutor and the Senior Superintendent of Police, Patna would ensure that the witnesses are duly present in course of trial.

Still, in case there is any inordinate delay in conclusion of the trial, the petitioner will have liberty to move this Court. (Rajeev Ranjan Prasad, J) Dilip, AR U T