Patna High CourtCR. MISC./71402/2024bail rejected

Anil Harijan @ Anil Harjan v. The State Of Bihar

2025-04-18Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71402 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Anil Harijan @ Anil Harjan Son of Lalo Harijan @ Lilo Harijan R/o Vill.- Jangal Tola, P.S.- Rupauli, Mohanpur, Dist.- Purnia. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 71537 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Bechan Singh S/O Kailash singh R/O Vill Jangal Tola P.S Rupauli (Mohanpuyr), Dist- Purnia.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 76003 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Maharana Yadav Son of Fulo Yadav @ Phuleshwar Yadav Resident of Nautoliya Sadhua, Rangra Chowk , P.S. - Gopalpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 71402 of 2024) For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 71537 of 2024) For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP (In CRIMINAL MISCELLANEOUS No. 76003 of 2024) For the Petitioner/s :

Mr.Aditya Nath Pandey, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2025 Heard Learned counsel for the petitioners and learned APP for the State in all the cases.

2. The petitioner of all the cases, seeks regular bail in connection with S.Tr. No.31 of 2024 arising out of Rupauli

Patna High Court CR. MISC. No.71402 of 2024(5) dt.18-04-2025 2/3 (Mohanpur) P.S. Case No.125 of 2023 lodged under Sections 302, 386, 120(B) of the IPC and Section 27 of the Arms Act.

3. Learned counsel for the petitioner of first two cases submits that the bail application of the petitioners has earlier been rejected vide order dated 15.05.2024 passed in Cr. Misc. No.29892 of 2024 and vide order dated 26.04.2024 passed in Cr. Misc. No.82707 of 2023 with specific direction to the trial court to conclude the trial within one year.

4. Learned counsel for the petitioners further submits that antecedent of the petitioners is not clean. There are 5 criminal cases pending against them and they are in custody since 29.05.2023. He further submits that trial has not concluded till date and one year is going to be lapsed.

5. Learned counsel for the State opposes the prayer for bail and submits that the Hon'ble Court has specifically directed to conclude the trial within one year and said order was 15.05.2024, but petitioners have filed this application before expiry of one year.

6. From the progress report, it transpires that out of 8 witnesses, 6 witnesses have already been examined and trial court has intimated that within 6 months, trial is likely to be concluded.

Patna High Court CR. MISC. No.71402 of 2024(5) dt.18-04-2025 3/3

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioners. Therefore, the bail application of petitioner of first two cases, is hereby refused.

8. Learned Counsel for the petitioner of third case, i.e., Cr. Misc. No.76003 of 2024 submits that the petitioner has filed the bail application for regular bail for the first time.

9. Counsel further submits that the petitioner is in custody since 27.06.2023 having 5 criminal antecedent against him. He further submits that progress report of the trial has been called for.

10. Counsel for the State submits that from the progress report, it transpires that trial is likely to be concluded within 6 months.

11. In this view of the matter, this Court is also not inclined to grant bail to the petitioner (Maharana Yadav) of third case. Therefore, the bail application of petitioner is hereby refused.

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