Patna High CourtCR. MISC./57007/2023rejected

Suraj Rajak @ Mangal Rajak @ Suraj Kumar @ Mangal Kumar v. The State Of Bihar

2023-12-01Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57007 of 2023 Arising Out of PS. Case No.-201 Year-2021 Thana- VISHNUPAD District- Gaya ====================================================== SURAJ RAJAK @ MANGAL RAJAK @ SURAJ KUMAR @ MANGAL KUMAR S/O SRI DILIP RAJAK R/O VILLAGE NEW SADAK PANCH MOHALLA, GAYA, P.S.- VISHNUPAD, DIST.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-12-2023 Heard Ms. Vaishnavi Singh, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 18.11.2021, in connection with Sessions Trial No. 627 of 2022 arising out of Vishnupad P.S. Case No. 201 of 2021, F.I.R. dated 17.11.2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. Earlier the bail petition of the petitioner was rejected vide order dated 01.02.2023 passed in Cr. Misc. No. 34712 of 2022. It appears from the F.I.R. that there is direct and specific allegation against the petitioner that he cut the neck of the deceased by knife and on the basis of confessional statement of the petitioner the knife which was used in the crime in

Patna High Court CR. MISC. No.57007 of 2023(4) dt.01-12-2023 2/2 question and the mobile were recovered and the witnesses have also supported the case of the persecution.

4. Vide order dated 13.10.2023 a report was called for with regard to the stage of the trial. Report dated 25.11.2023 of the learned Trial Court reveals that the petitioner has filed a petition under Section 227 of the Cr. P.C. and due to this reason, the trial is not proceeded further.

5. In view of the aforesaid that there is direct and specific allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 627 of 2022 arising out of Vishnupad P.S. Case No. 201 of 2021 pending in the Court of learned Additional Sessions JudgeX, Gaya.

6. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T