Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66106 of 2024 Arising Out of PS. Case No.-618 Year-2023 Thana- BARH District- Patna ====================================================== Manish Kumar S/O Shiv Prasad R/O Bichali Gali, Naubatpur Bazar, P.SNaubatpur, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Bihari Singh For the Opposite Party/s :
Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-01-2025 Heard the learned counsel for the petitioner and the learned APP for the State; Sri Shyam Kumar Singh.
2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 20.02.2024 passed in Cr. Misc. No. 10090 of 2024.
3. The petitioner seeks regular bail in a case registered for the offence under Sections 395/397 of the Indian Penal Code.
4. The following order was passed on 20.02.2024 in Cr. Misc. No. 10090 of 2024:- Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Barh P.S. Case No. 618/2023 registered for the offence punishable under Sections 395/397 of the Indian Penal Code.
Patna High Court CR. MISC. No.66106 of 2024(3) dt.20-01-2025 2/3
3. As per the prosecution case, 5-6 known criminals went inside the house of the informant and assaulted the informant and his family members. They had gone there to commit dacoity, but they could not succeed. During investigation, the petitioner's presence has been found on the spot by the police after comparing the dump data. It has also come that the accused persons had gone there to commit dacoity as they had information that the informant had Rupees Two Crore in his house. The petitioner is in custody since03.10.2023.
4. Considering the aforesaid, I am not inclined to grant bail to this petitioner though some of the co-accused have been granted bail by this Court.
5. This application is dismissed.
6. The trial Court is directed to expedite the trial. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.
7. Let a copy of the order be communicated to the District Judge, Patna through FAX/e-mail forthwith for compliance of the order.
5. No ground for review is made out.
6. Accordingly, this application for regular bail is again rejected.
7. From the report of the Trial Court it appears that the charges have been framed on 11.09.2024 but the prosecution has not produced any witness.
8. The S.D.P.O., Barh, Patna will see to it that witnesses are produced on the dates fixed in the Trial. If the trial is delayed because of the non-production of the witnesses, this Court will take serious view of the matter on the next occasion.
9. Let a copy of this order be communicated to the
Patna High Court CR. MISC. No.66106 of 2024(3) dt.20-01-2025 3/3 Senior Superintendent of Police, Patna through FAX for its compliance forthwith.
(Sandeep Kumar, J) Shishir/- U T