Prince Kumar @ Chhotu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76967 of 2023 Arising Out of PS. Case No.-182 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== Prince Kumar @ Chhotu Bind S/O Ramanuj Bind Resident Of Village Nadaura P S Kurtha, Dist.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-01-2024 Heard Mr. Rama Kant Singh, learned counsel for the petitioner and Mr. Uday Pratap Singh, learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kurth (Arwal) P.S. Case No. 182 of 2019 for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.

3. Earlier the prayer for bail of this petitioner has been rejected vide order dated 16.02.2023 passed in Cr. Misc. No. 33281 of 2022 considering the case of the petitioner on merit.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that there is general and omnibus allegation attributed against the petitioner. The petitioner is rotting in judicial custody since 24.03.2022.

Patna High Court CR. MISC. No.76967 of 2023(3) dt.12-01-2024 2/2

5. A report with regard to present stage of the trial has been called for by this Court vide order dated 01.12.2023 which has been received and forms part of this application at Flag-A. On perusal thereof, it would reveal that out of eight witnesses, three witnesses have been examined and five prosecution witnesses are yet to be examined.

6. Learned APP for the State vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner to assault the deceased and the post-mortem report also support the allegation as alleged in the FIR. He further submits that doctor has found single blow of dagger on the person of the deceased.

7. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Kurth (Arwal) P.S. Case No. 182 of 2019, pending in the Court of learned Chief Judicial Magistrate, Arwal.

8. Accordingly, the prayer for bail of the petitioner is rejected. However, learned trial court is directed to expedite the trial and try to conclude it at the earliest. (Rajesh Kumar Verma, J) ajay/- U T