Patna High CourtCR. MISC./63286/2024rejected

Shahadat @ Sahadat v. The State Of Bihar

2024-09-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63286 of 2024 Arising Out of PS. Case No.-444 Year-2022 Thana- BAISI District- Purnia ====================================================== Shahadat @ Sahadat S/O Late Sadir R/O Village- Sugwa Mahanandpur, P.SBaisi, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2024 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 16.11.2022 in connection with Sessions Trial No. 204 of 2023 arising out of Baisi P.S. Case No. 444 of 2022, F.I.R. dated 12.11.2022 for the offences punishable under Sections 302, 241, 323, 504, 506/34 of the Indian Penal Code.

3. Earlier the bail application of the petitioner was rejected by this Court vide order dated 28.08.2023 passed in Cr. Misc. No. 22331 of 2023. Thereafter, the petitioner has again moved before this Hon'ble Court for grant of regular bail which was heard and dismissed as withdrawn by this Court vide order dated 21.06.2024 passed in Cr. Misc. No. 42575 of 2024.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.63286 of 2024(3) dt.20-09-2024 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case.

5. Vide order dated 06.09.2024 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 13.09.2024 reveals that out of 5 charge sheet witnesses, 4 witnesses have already been examined and the case is pending for the examination of 1 witness who is I.O in the present case.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the report of the learned Trial Court as well as the allegation against the petitioner as alleged in the F.I.R, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 204 of 2023 arising out of Baisi P.S. Case No. 444 of 2022 pending in the court of learned 5th Additional Sessions Judge, Purnea.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

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