Patna High CourtCR. MISC./64776/2024rejected

Dinesh Mahto v. The State Of Bihar

2024-12-06Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64776 of 2024 Arising Out of PS. Case No.-152 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Dinesh Mahto son of Late Rajendra Mahto Resident of Village- Talimpur, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-12-2024 Heard Mr.Sudish Kumar, learned counsel for the petitioner and Mr.Syed Mojibur Rahman, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 12.04.2022 in connection with S.Tr.No.782 of 2022 arising out of Madhuban P.S. Case No. 152 of 2022, F.I.R. dated 10.04.2022 registered for the offence punishable under Sections 302,34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 01.12.2023 passed in Cr.Misc. No.66121 of 2023.

4. Learned counsel appearing for the petitioner submits that the petitioner is in custody since 12.04.2022 and

Patna High Court CR. MISC. No.64776 of 2024(4) dt.06-12-2024 2/2 charge has been framed on 04.08.2023 and trial is not concluded as yet.

5. Vide order dated 25.10.2024 a report was called for with regard the present stage of the trial. Report of the learned Trial Court dated 03.12.2024 reveals that out of five chargesheet witnesses, four witnesses have been examined and rest one witness (I.O.) is remained to be examined.

6. Considering the nature of allegation in the FIR against the petitioner as well as report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.782 of 2022 arising out of Madhuban P.S. Case No. 152 of 2022 pending in the court of learned 2nd Additional District and Sessions Judge, East Champaran, Motihari.

7. Prayer is refused.

8. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T