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Patna High CourtCR. MISC./64034/2021dismissed

Badan Rai v. The State Of Bihar

2021-11-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64034 of 2021 Arising Out of PS. Case No.-172 Year-2018 Thana- KHAIRA District- Saran ====================================================== BADAN RAI Son of Late Suraj Rai Resident of Village- Maksudpur (Balua Par), P.S.- Khaira, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma, advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2021 The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with Khaira P.S. Case No. 172 of 2018 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act inasmuch as this Hon'ble Court has rejected the prayer of the petitioner for grant of bail on earlier occasions. The petitioner is alleged to have fired gun shots at the deceased leading to his death.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 28.03.2019 and there is no possibility of conclusion of trial in near future. Per contra, Shri Ashok Kumar, learned A.P.P. for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.64034 of 2021(2) dt.24-11-2021 2/2 case and considering the materials on record, this Court finds that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T