Patna High CourtCR. MISC./53275/2023bail rejected

Avinash Kumar Singh @ Avinash Kumar Yadav v. The State Of Bihar

2023-11-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53275 of 2023 Arising Out of PS. Case No.-588 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Avinash Kumar Singh @ Avinash Kumar Yadav, Son Of Dharmendra Kumar Yadav Resident Of Islamganj, Ward No.15 Mohania, P.S. - Mohania, District - Kaimur At Bhabua ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Adarsh Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mohaniya P.S. Case No. 588 of 2021, lodged on 24.12.2021 under Sections 364 of the Indian Penal Code and later on, under sections 328, 302 and 201 of the Indian Penal Code have been added.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 10.11.2022 passed in Cr. Misc. No. 24520 of 2022. He also submits that bail petition of the petitioner was rejected and upon filing, report has been called for. He further submits that the petitioner is in custody since 26.12.2021.

Patna High Court CR. MISC. No.53275 of 2023(3) dt.03-11-2023 2/2

4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the report has come and trial court has reported that out of 11 witnesses, 8 witnesses have already been examined and the case is still running for prosecution evidence. The report further reflects that the trial is expected to be concluded within 3 months.

5. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner at present, but he may renew his prayer for bail after 3 months if trial shall not be concluded.

6. Accordingly, the prayer for regular bail of the petitioner in connection with Mohaniya P.S. Case No. 588 of 2021, pending before the learned Additional District and Sessions Judge-III, Kaimur at Bhabua is hereby rejected. (Dr. Anshuman, J.) Divyansh/- U T