Patna High CourtCR. MISC./76836/2024dismissed

Bittu Kumar v. The State Of Bihar

2025-03-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76836 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- JAMHOR District- Aurangabad ====================================================== Bittu Kumar S/O Gopal Prasad @ Gopal Prasad Soni @ Gopal Sao @ Gopal Prasad Swarnkar R/O Village- Deohara, P.S- Goh, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Roy, Advocate For the State :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Jamhore P.S. Case No. 25 of 2023 registered for the offence punishable under Sections 302 and 394 of the Indian Penal Code.

3. Earlier the bail application of the petitioner has been rejected vide order dated 12.03.2024 passed in Cr. Misc. No. 15303 of 2024.

4. The following order was passed on 12.03.2024 in Cr. Misc. No. 15303 of 2024 which reads as under:

Patna High Court CR. MISC. No.76836 of 2024(3) dt.05-03-2025 2/2 "Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jamhore P.S. Case No. 25 of 2023 registered for the offence punishable under Sections 302 and 394 of the Indian Penal Code.

3. The petitioner and other accused persons tried to commit loot and they jumped out of the train along with the deceased and after looting his belonging, killed the deceased. Materials have come during investigation to connect the petitioner with the crime. The petitioner is in jail since 11.09.2023.

4. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

5. Considering the serious allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner though some coaccused has been granted bail.

6. Accordingly, this application stands dismissed.

7. The Court below is directed to expedite the trial."

5. Learned counsel for the petitioner submits that out of eight witnesses, two witnesses have been examined.

6. Considering the fact that the trial has started and the witnesses are being examined, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the application is dismissed. (Sandeep Kumar, J) P. Kumar U T