Patna High CourtCR. MISC./68376/2024bail rejected

Mithilesh Kumar @ Mithilesh Kumar Mahto v. The State Of Bihar

2025-02-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68376 of 2024 Arising Out of PS. Case No.-24 Year-2021 Thana- DESARI District- Vaishali ====================================================== Mithilesh Kumar @ Mithilesh Kumar Mahto S/o Dashai Mahto R/o VillageVikhanpura, P.S.- Desri (Chandpura O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar , Advocate For the Opposite Party/s :

Mr. Manoj Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and the State .

2. Lastly, prayer for bail of the petitioner was rejected by this Court vide order dated 16.08.2023 .

3 . The trial court report dated 22.01.2025 reveals that a discharge petition was filed on behalf of the accused on 16.11.2024 by his learned counsel. On 10.01.2025, the case was fixed for hearing on the aforementioned date. Learned counsel for the petitioner submitted on the date of hearing that he does not want to press the discharge petition, and accordingly, the discharge petition of the accused Mithilesh Kumar was dismissed as not pressed. On the next date, 13.01.2025, both parties were heard on the charge, and the case was fixed for 15.01.2025 for framing the charge in the case, but the one

Patna High Court CR. MISC. No.68376 of 2024(3) dt.07-02-2025 2/2 bailed-out accused, Krishna Kumar, was absent, and due to his absence, the charge could not be framed in the case, and therefore his bail bond was canceled and NBW was issued. The next date of the Sessions Case is 04.02.2025 for appearance of the absent accused.

4. Considering the conduct of the petitioner and progress of the trial, prayer for bail of the petitioner is again rejected.

5 . However, since the petitioner is in custody since 29.01.2021 , Trial Court is directed to expedite and conclude the trial preferably within a period of one year from the date of receipt/production of copy of this order.

(Prabhat Kumar Singh, J) Koushik/- U T