Patna High CourtCR. MISC./67086/2024bail rejected

Subham Kumar v. The State Of Bihar

2024-11-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67086 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== Subham Kumar S/o Sri Bhudal Yadav Resident of vill- Devri, P.S- Barhara Kothi, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2024 Heard Learned Counsel for the petitioner, Learned A.P.P. for the State and Learned Counsel for the Informant.

2. The petitioner seeks regular bail in connection with S.Tr. No.84 of 2024/CIS No.84 of 2024, arising out of Barhara P.S. Case No.237 of 2023 lodged under Sections 147, 148, 149, 341, 323, 302, 307, 448, 504, 506 and 509 of the IPC read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 18.01.2024 passed in Cr. Misc. No.1116 of 2024. he submits that in the said bail application, there were three petitioners. Out of three petitioners, bail was rejected for only one petitioner and rest two petitioners were granted bail.

4. Learned counsel for the petitioner further submits that the petitioner is in custody since 30.06.2023, but till date,

Patna High Court CR. MISC. No.67086 of 2024(3) dt.14-11-2024 2/2 trial has not been concluded.

5. Learned Counsel for the State opposes the prayer for bail and submits that progress report has been called for. In the report, it has been intimated that the trial is likely to be concluded within 6 months.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner at present. Therefore, the bail application of the petitioner is hereby rejected.

7. However, it is hereby directed to the Superintendent of Police, Purnia to do the needful so that the appearance of the witnesses before the Trial Court be completed within the said period of 6 months.

8. Registry is directed to communicate this order forthwith to the Superintendent of Police, Purnia. Registry is further directed to hand over a copy of this order to learned A.P.P. who shall communicate this order to the Superintendent of Police, Purnia at his level.

(Dr. Anshuman, J.) Prakashmani/- U T