Patna High CourtCR. MISC./77082/2024dismissed

Rajbali Sah v. The State Of Bihar

2024-12-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77082 of 2024 Arising Out of PS. Case No.-631 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Rajbali Sah Son of Nand Kishore Sah R/O Kurwa Mathiya P.S.- Chanpatiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-12-2024 Heard learned counsel for the parties.

2. The following order was passed on 18.04.2024:- "Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 363, 364A of the Indian Penal Code however the charge sheet has been submitted U/s 364(A), 120B, 302, 201, 34 of the IPC.

3. As per the prosecution case, the victim was kidnapped and ransom of Rs. 20 Lakh was demanded. Subsequently the victim was killed. Petitioner is in jail since 13.10.2023.

4. The ransom has been demanded from the mobile phone of the petitioner and, therefore, the petitioner is directly involved in this crime.

5. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to

Patna High Court CR. MISC. No.77082 of 2024(2) dt.11-12-2024 2/2 the petitioner.

6. Accordingly, this application for regular bail is dismissed. The court below is directed to expedite the trial of the petitioner."

3. It has been submitted by learned counsel for the petitioner that petitioner deserves bail and he is in custody since 13.03.2023. It is also submitted that charges have been framed but no witness has been examined till filing of the bail application.

4. Since the trial has began, this application is dismissed in view of the law laid down by Hon'ble Supreme Court in the case of X vs. State of Rajasthan 2024 SCC Online SC 3539.

5. The trial court is directed to proceed the trial.

6. The Superintendent of Police, West Champaran, Bettiah, is directed to see that the witnesses are produced on the date fixed in the trial.

7. Let a copy of this order be communicated to the Superintendent of Police, West Champaran, Bettiah through FAX for its forthwith compliance.

(Sandeep Kumar, J) Ranjeet/- U T