Patna High CourtCR. MISC./75464/2024dismissed

Hari Kishore Prasad @ Doctor v. The State Of Bihar

2024-12-04Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75464 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- TARAIYA District- Saran ====================================================== Hari Kishore Prasad @ Doctor Son of Rajendra Prasad R/o Village - Gopalpur, P.S.- Bhagwanpur Hat, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2024 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected on 27.02.2024 passed in Cr. Misc. No. 75682 of 2023.

3. The petitioner seeks regular bail in connection with Taraiya P.S. Case No. 07 of 2023 registered for the offences under Section 392 of the I.PC.

4. The following order was passed on 27.02.2024 in Cr. Misc. No. 75682 of 2023:- "Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Taraiya P.S. Case No. 07 of 2023 registered for the offence punishable under

Patna High Court CR. MISC. No.75464 of 2024(2) dt.04-12-2024 2/3 Section 392 of the Indian Penal Code.

3. Five unknown criminals looted a Tata Magic loaded with goods. The name of the petitioner has come during investigation. The charge-sheet has been submitted under Section 395 of the Indian Penal Code. There is no recovery from the petitioner of the looted articles and no Test Identification Parade has been held. The petitioner is accused in seven other cases of similar nature.

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

5. Considering the criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner though co-accused has been granted bail.

6. Accordingly, this application is dismissed.

7. The Court below is directed to expedite the trial of all the cases pending against the petitioner.

8. Let a copy of this order be communicated to the District Judge, Siwan for its compliance through FAX or e-mail forthwith."

5. This Court does not find any ground to review its earlier order. Accordingly, this application is rejected again.

6. The Superintendent of Police, Saran is directed to produce the witness(s) so that the trial is not delayed.

Patna High Court CR. MISC. No.75464 of 2024(2) dt.04-12-2024 3/3

7. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) Shishir/- U T