Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60697 of 2023 Arising Out of PS. Case No.-591 Year-2021 Thana- PATLIPUTRA DistrictPatna ====================================================== SUJEET KUMAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-01-2024 Heard Mr. Akhauri Kamal Kishore Sahay, learned counsel for the petitioner and Mr. Ramchandra Sahni, learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No. 904 of 2022 arising out of Patliputra P.S. Case No. 591 of 2021 for the offences punishable under Sections 395 of the Indian Penal Code.

Earlier the prayer for bail of this petitioner has been rejected vide order dated 29.04.2023 passed in Cr. Misc. No. 36053 of 2022 considering the case of the petitioner on merit. Learned counsel for the petitioner submits that on the basis of self confessional statement of the petitioner, he has been remanded in this case from Patliputra P.S. Case No. 625 of 2021. He further submits that the other accused persons have been granted bail by this Court and some of other accused have been

Patna High Court CR. MISC. No.60697 of 2023(4) dt.05-01-2024 2/2 granted bail by co-ordinate Bench of this Court. The petitioner is rotting in judicial custody since13.12.2021.

A report with regard to present stage of the trial has been called for by this Court vide order dated 03.11.2023 which has been received and forms part of this application at Flag-A. On perusal thereof, it would reveal that out of three witnesses, two witness have been examined and one prosecution witness is to be examined.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner and submits that on the self confession of the petitioner, the amount in question has been recovered from the possession of the co-accused persons. Considering the facts and circumstances of the case as well as the report of the trial Court, which reveals that the trial has got substantial progress and the same is at the verge of conclusion, this Court does not find it to enlarge the petitioner on bail.

Accordingly, the prayer for bail f the petitioner is rejected. However, learned trial court is directed to expedite the trial and try to conclude it at the earliest. (Rajesh Kumar Verma, J) brajesh/- U