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Patna High CourtCR. MISC./57657/2023bail rejected

Rajkumar @ Kanhai v. The State Of Bihar

2023-12-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57657 of 2023 Arising Out of PS. Case No.-415 Year-2021 Thana- BUDDHACOLONY District- Patna ====================================================== Rajkumar @ Kanhai S/O Shyam Babu Saw @ Shyam Babu @ Chhotu R/O Mohalla- Makhanpur, Idgah Road, Near Gandhi Murti Bhadra Ghat, P.SAlamganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 389 of 2022 arising out of Buddha Colony P.S. Case No. 415 of 2021 dated 09.11.2021, lodged under Sections 302/ 120(B)/ 34 of the I.P.C. read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 18.10.2022 passed in Cr. Misc. No. 34635 of 2022 in which liberty was granted to him to renew his prayer for bail 9 months from the date of rejection and the Trial Court was directed to expedite the trial.

Patna High Court CR. MISC. No.57657 of 2023(4) dt.08-12-2023 2/2

4. Learned counsel for the petitioner further submits that 9 months have already been lapsed but trial has not been concluded.

5. In this regard, a report has been called for from the Court of learned Additional Sessions Judge- XXVIth, Patna and the Court has sought six months time for conclusion of the trial.

6. Learned counsel for the State opposes the prayer for bail.

7. In this background, this Court not inclined to grant bail to the petitioner and, therefore, his bail application is hereby rejected.

(Dr. Anshuman, J.) sadique/- U T