Basant Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67312 of 2022 Arising Out of PS. Case No.-319 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== Basant Tanti S/o Banarsi Tanti, R/o Village- Balhin Chak, Ward no. 01, P.S.- Gangaur, Distt- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.T. No. 459 of 2021 arising out of Bakhari P.S. Case No. 319 of 2020, lodged under Sections 304(B), 201/34 of the Indian Penal Code.

As per prosecution case, the allegation has been made against 6 named accused persons including the petitioner under Section 304-B/201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that though F.I.R. has been lodged under Section 304-B of I.P.C. but subsequently cognizance has been taken under Section 302/304-

Patna High Court CR. MISC. No.67312 of 2022(2) dt.27-02-2023 2/2 B/201/34 of the Indian Penal Code. He further submits that trial has not been commenced. He also submits that antecedent of petitioner is clean and he is in custody since 01.02.2021. Learned counsel for the State opposes the prayer for bail and submits that there is a specific allegation against the petitioner for the offence under Section 304-B/201/34 of the Indian Penal Code.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail application stands rejected. Trial Court is directed to expedite the trial within 9 months from the date of passing of this order. (Dr. Anshuman, J.) ritik/- U T