Patna High CourtCR. MISC./70242/2023dismissed

Gautam Kumar v. The State Of Bihar

2024-03-01Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70242 of 2023 Arising Out of PS. Case No.-361 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== GAUTAM KUMAR SON OF SURESH YADAV RESIDENT OF VILLAGEBAGHA CHOWK, PS- TARAIYA SUJAN, DISTT- KUSHINAGAR UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-03-2024 This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner was rejected vide order dated 23.05.2022 passed in Cr. Misc. No. 5028 of 2022.

2. Supplementary affidavit has been filed on behalf of the petitioner and the same is taken on record.

3. Heard learned counsel for the petitioner and learned APP for the State.

4. The petitioner seeks bail in connection with Bettiah Muffasil P.S. Case No. 361 of 2021 registered for the offence under Sections 399, 402, 412, 413 and 414 of the Indian Penal Code and under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Patna High Court CR. MISC. No.70242 of 2023(7) dt.01-03-2024 2/3

5. It has been submitted by the learned counsel for the petitioner that the petitioner is accused in two cases which are registered in Bihar but the trial is not proceeding because of the non-cooperation of the prosecution side and the petitioner may be released on bail.

6. Learned APP for the State has vehemently opposed the prayer of the petitioner for grant of bail by contending that there are two cases registered against the petitioner in Bihar and nine cases registered against the petitioner in Uttar Pradesh.

7. Considering the criminal antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The Superintendent of Police, East Champaran is directed to monitor the proceeding of Paharpur P.S. Case No. 66 of 2021 and the Superintendent of Police, West Champaran is directed to monitor the proceeding of Chanpatia P.S. Case No. 291 of 2021 and will take all steps for early conclusion of the trial of the petitioner.

10. Let a copy of this order be communicated to the Superintendent of Police, East Champaran and

Patna High Court CR. MISC. No.70242 of 2023(7) dt.01-03-2024 3/3 Superintendent of Police, West Champaran through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U T