Mukesh Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64662 of 2022 Arising Out of PS. Case No.-127 Year-2020 Thana- DHANARUA District- Patna ====================================================== MUKESH KUMAR @ GUDDU S/o Late Radhika Singh R/o villageDamrichak, P.S.- Dhanaura, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajanan Mishra, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Dhanarua PS case no. 127 of 2020, registered under Sections 302 and other allied sections of the Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by a co-ordinate Bench of this Court vide order dated 12.03.2021, passed in Cr. Misc. no. 38300 of 2020. According to F.I.R., the petitioner along with his wife and son had assaulted the father of the informant and specific allegation has been levelled against the petitioner to the effect that he sat on the chest of the father of the informant and assaulted him with brick. The wife and son of the petitioner are also alleged to have engaged in assault with brick etc.

Patna High Court CR. MISC. No.64662 of 2022(2) dt.02-02-2023 2/2 The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 11.04.2020 and the charges have also been framed, however, there is not much progress in the on-going trial, hence, the petitioner be granted the privilege of bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also have perused the impugned order dated 03.08.2022, this Court finds that there are ample materials on record to show the complicity of the petitioner in the alleged crime and moreover, there is no change in circumstance so as to warrant re-consideration of the prayer of the petitioner for grant of bail, hence, I do not find any merit in the present petition, thus, the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T