Chhotu @ Baldau Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68757 of 2023 Arising Out of PS. Case No.-73 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Chhotu @ Baldau Singh s/o satyendra singh resident of village- sikathi, p.s.- Bhabua, District -Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Sessions Trial No. 111 of 2019 arising out of Bhabua P.S. Case No. 73 of 2019 instituted for the offence under Sections 363, 364(A) of the Indian Penal Code.
3.
Earlier petitioner has moved four times for grant of bail vide Cr. Misc. No. 36860 of 2019, Cr. Misc. No. 12334 of 2020, Cr. Misc. No. 35582 of 2021 & Cr. Misc. NO. 62179 of 2022, which got rejected.
4.
Prosecution case in short is that on 12.02.2019 at about 03.50 PM, informant's brother, namely, Subham Kumar, aged about 15 years was missing, while he was going to
Patna High Court CR. MISC. No.68757 of 2023(5) dt.07-05-2024 2/3 coaching center, namely, Target Academy, Bhabua. 5.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-03-2019. Petitioner bears one criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
6.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that earlier on four occasion, the prayer for grant of bail of the petitioner was rejected. It is submitted that there is no eye witness to the occurrence.
7.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner with submission that earlier on four times prayer for bail of the petitioner was rejected by this Court and there is no fresh ground for reconsideration of the prayer for bail. 8.
Considering the aforesaid facts and circumstances of the case, nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner. 9.
Accordingly, prayer for grant of bail to the petitioner is rejected.
10.
The Trial Court is directed to expedite the trial and conclude the same on day-to-day basis within a period of six
Patna High Court CR. MISC. No.68757 of 2023(5) dt.07-05-2024 3/3 months from the date of receipt/production of a copy of this order.
(Rudra Prakash Mishra, J) Raj Kishore/- U T