Patna High CourtCR. MISC./76527/2023bail rejected

Suman Kumar v. The State Of Bihar

2023-12-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76527 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- BARAHAT District- Banka ====================================================== Suman Kumar Son Of Late Rambaran Choudhary @ Rambadan Choudhary @ Jhunjhun Choudhary Resident Of Village - Mirjapur, P.S. - Barahat, District - Banka (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barahat P.S. Case No. 32 of 2023, lodged on 12.02.2023 under Section 25(1-b)A/26 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 24.06.2023 passed in Cr. Misc. No. 36509 of 2023. Counsel also submits that at the time of rejection of the bail application of the petitioner, liberty is granted to the petitioner that he may renew his prayer for bail after two months from framing of charge. Counsel further submits that charge has already been framed in this case.

Patna High Court CR. MISC. No.76527 of 2023(3) dt.22-12-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is in custody since 12.02.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that progress report has been called for and from the said progress report, it transpires that the prosecution witness has already been completed and the case has been fixed for statement u/s 313 of Cr.P.C. for the accused persons.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Barahat P.S. Case No. 32 of 2023, pending before the learned Chief Judicial Magistrate, Banka is hereby rejected and it is directed to the Trial Court to conclude the trial within three months.

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