Ashish Kumar @ Matu Kumar @ Mattu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69378 of 2024 Arising Out of PS. Case No.-630 Year-2023 Thana- MANER District- Patna ====================================================== Ashish Kumar @ Matu Kumar @ Mattu Son of Amit Kumar Village- Baluan, Ps- Maner, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manendra Kumar Sinha, Adv For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP For the Informant :
Mr. Sanjiv Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2024 Heard the parties.
2. The following order was passed on 09.04.2024: Heard Mr. Kamal Nayan Choubey, learned senior cousnel for the petitioner and Mr. Sanjiv Kumar learned cousnel for the informant and Mr. Shyam Kumar Singh learned APP for the State.
2. The petitioners seek bail in connection with Maner P.S. Case No.630 of 2023 registered for the offence punishable under Sections 302, 34,120B of the Indian Penal Code.
3. The criminals were hired to kill the deceased on account of land dispute in broad light at Patna Town. During the investigation, it has come that petitioners participated in killing of the deceased. In
Patna High Court CR. MISC. No.69378 of 2024(3) dt.06-12-2024 2/3 scientific investigation materials have come to connect the petitioners in killing the deceased. It is a case of brutal murder of the deceased in broad day light, this Court is not inclined to grant bail to the petitioner even though some co-accused have been granted bail.
4. Learned counsel for the petitioner submits that petitioners no.1 is in custody since 14.10.2023 and petitioner no.
2 is in custody since 05.01.2024.
5. Accordingly, the prayer for bail of the petitioners stands rejected.
6. The trial court is directed to expedite the trial and conclude the same as early as possible. The Sr. Superintendent of Police, Patna shall see to it that witnesses are produced in the trial court so that the trial is not delayed.
7. Let a copy of this order be communicated to the District Judge , Patna and the Senior Superintendent of Police, Patna forthwith through Fax or E-mail for its compliance.
3. No ground of review of the earlier order is made out.
4. This application is dismissed.
5. Learned counsel for the informant, Mr. Sanjiv
Patna High Court CR. MISC. No.69378 of 2024(3) dt.06-12-2024 3/3 Kumar has submitted that the prosecution will produce all the witnesses after framing of the charge regularly and will not delay the trial.
6. The trial court is directed to frame the charge on the next date if all the accused are available. Thereafter, the prosecution will produce the witnesses on the date fixed.
7. If there is delay in the trial by the prosecution, the petitioner may renew his prayer for bail.
(Sandeep Kumar, J) kiran/- U T