Dilip Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58335 of 2022 Arising Out of PS. Case No.-261 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== Dilip Kumar Jha Son of Late Jay Bodh Narayan Jha Resident of village - Baliya, P.S.- Lakhnaur, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 504 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.

According to prosecution case, the accused assaulted the mother and sister of the informant by means of knife and due to this his mother died.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.58335 of 2022(4) dt.15-03-2023 2/3 implicated in the present case. He further submits that due to land dispute, the present occurrence took place. He further submits that the police after investigation submitted the charge sheet against the petitioner and thereafter, the charge has been framed against the petitioner on 24.06.2022. The petitioner is in custody since 29.10.2019.

Vide order dated 16.02.2023 a report was called with regard to the present stage of trial. Report dated 21.02.2023 reveals that out of 6 charge sheet witnesses, 4 witnesses have been examined and only I.O. and doctor were required to be examined.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and the report of the trial court, I am not inclined to enlarge the petitioner on bail in connection with S.T. No. 43 of 2020 (C.C.), arising out of Lakhnaur P.S. Case No. 261 of 2019 pending in the court of learned Additional District & Sessions Judge III, Jhanjharpur (Madhubani).

Prayer is refused.

Patna High Court CR. MISC. No.58335 of 2022(4) dt.15-03-2023 3/3 However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Vanisha/- U T