Manoj Kumar Thakur @ Manoj Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72318 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== Manoj Kumar Thakur @ Manoj Thakur S/o Jai Chandra Thakur Resident of Vill- Sahpur ojhaul, PS- Bahadurpur, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P.N. Shahi, Sr. Advocate Mr.Ranjit Kumar Yadav, Advocate Mr. Amit Anand, Advocate Mr. Ugresh Kumar, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2024 Heard learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Baheri P.S. Case No. 219 of 2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The following order was passed on 10.01.2024 in Cr. Misc. No. 84259 of 2023:
"Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Baheri P.S. Case No. 219 of 2023 dated 23.06.2023, lodged under Sections 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against 25 unknown accused. The name of the petitioner along with other accused has come in this case during investigation.
4. Learned counsel for the petitioner
Patna High Court CR. MISC. No.72318 of 2024(2) dt.04-12-2024 2/2 submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is in custody since 28.08.2023 having eight criminal antecedents.
5. Learned A.P.P. for the State opposes the prayer for bail and submits that the materials have come to connect the petitioner with the crime. In such a heinous crime of murder of three persons, the petitioner does not deserve bail.
6. Considering the fact that three persons have been killed by the petitioner and other, I am not inclined to grant bail to the petitioner and therefore, the present bail application is hereby rejected.
7. The Trial Court is directed to expedite the trial as early as possible."
4. Mr. P. N. Shahi, learned Senior counsel for the petitioner has submitted that in the trial out of nine chargesheeted witnesses, two witnesses have been examined. He further submits that the petitioner on the date of occurrence was in Deoghar and therefore, he may be granted bail.
5. Considering the fact that the trial has stated and in view of the law laid down by the Hon'ble Supreme Court in the case of X vs. State of Rajasthan & Anr. reported in 2024 SCC Online SC 3539, this application is dismissed with a direction to the trial Court to conclude the case at the earliest. (Sandeep Kumar, J) P. Kumar U T