Patna High CourtCR. MISC./57483/2024dismissed

Pawan Kumar v. The State Of Bihar

2025-01-31Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57483 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- MARANCHI District- Patna ====================================================== PAWAN KUMAR S/O SATWA @ SATRUDHAN NISHAD R/O VILLAGEKASAHA DIYARA, P.S- MARANCHI, DISTT.- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail in connection with S.Tr. No. 1173 of 2023 arising out of Maranchi P.S. Case No. 83 of 2023 registered for the offence under Sections 302, 386/34 of the Indian Penal Code and under Section 27 of the Arms Act as earlier the bail application of the petitioner was rejected vide order dated 29.11.2023 passed in Cr. Misc. No. 74207 of 2023 and the same reads as under:- Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the

Patna High Court CR. MISC. No.57483 of 2024(3) dt.31-01-2025 2/3 State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioners seek bail in connection with Maranchi P.S. Case No. 83 of 2023 registered for the offence under Section 302, 386/34 of the Indian Penal Code and under Section 27 of the Arms Act.

4. As per the prosecution case, the petitioners and others demanded extortion from the prosecution side and on refusal they all started firing and the shot fired by one Vikas hit the deceased Shravan Kumar.

5. The petitioner is in custody since 11.08.2023.

6. Considering the fact that the petitioners were involved in the extortion and killing of the deceased, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, the prayer of bail of the petitioners is rejected herewith.

8. The Court below is directed to expedite the trial.

9. If there is no sufficient progress in the trial, the petitioners may renew their prayer for bail.

3. It has very been submitted by the learned counsel for the petitioner that the trial has started and seven witnesses have already been examined.

4. In view of the fact that the trial of the petitioner has started, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.57483 of 2024(3) dt.31-01-2025 3/3

5. Accordingly, this application is dismissed.

6. The Court below is directed to conclude the trial of the petitioner at the earliest.

(Sandeep Kumar, J) Vikas/- U