Bhola Pahalwan @ Bhola Mukhiya @ Bhola Yadav @ Bhola Rai @ Bholenath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75267 of 2024 Arising Out of PS. Case No.-217 Year-2019 Thana- BAGHA District- West Champaran ====================================================== Bhola Pahalwan @ Bhola Mukhiya @ Bhola Yadav @ Bhola Rai @ Bholenath Yadav S/O Lalan Yadav R/o- Narainapur P.S- Bagha Patkhauli, Dist- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-02-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bagha (Patkhauli) P.S. Case No. 217 of 2019, lodged under Sections 147, 148, 149, 341, 323, 324, 379, 307, 302 and 506 of the I.P.C.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 29.05.2024 passed in Cr. Misc. No.39265 of 2024.

4. Learned counsel for the petitioner further submits that progress report has been called for. From the report, it transpires that summon has been issued, but prosecution witness has not been present and case is pending for prosecution witness.

5. Learned Counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.75267 of 2024(3) dt.05-02-2025 2/2

6. In this background, it is directed to the Superintendent of Police, West Champaran to do needful and instruct the S.H.O. as well as to the I.O. of this case to produce the prosecution witness well within time and all witnesses are directed to be produced before the Court within 6 months.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to granted bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

8. Registry is directed to communicate this order forthwith to the Superintendent of Police, West Champaran. Registry is further directed to hand over a copy of this order to Mr. Jagdhar Prasad, learned A.P.P. who shall communicate this order to the Superintendent of Police, West Champaran at his level.

9. With this observation, the bail application stands rejected.

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