Patna High CourtCR. MISC./76600/2023bail rejected

Mukesh Kumar v. The State Of Bihar

2024-02-02Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76600 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Mukesh Kumar, Son of Late Deolal Ram, Resident of Village - Nayaka Tola, Jagdishpur, Police Station - Jagdishpur, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhya Keshri Kumar, Sr. Adv.

Mr. Ved Prakash Chandan, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 215/2022 dated 12.05.2022 registered for the offence(s) punishable under section(s) 354 and 307 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner earlier preferred Cr. Misc. No. 60838/2022 for the relief of regular bail which was rejected by this Court vide order dated 20.03.2023 and thereafter, the petitioner has again come before this Court for the same relief mainly on the ground of

Patna High Court CR. MISC. No.76600 of 2023(4) dt.02-02-2024 2/2 his long incarceration period as he has completed one year and eight months in jail and his case is still at initial stage and even charges have not been framed upon him.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner and submitted that there is no fresh ground in favour of the petitioner to make him entitle for the relief of bail.

5. Considering the seriousness of the allegation appearing against this petitioner, this Court is not inclined to accept his bail prayer. However, considering the petitioner's long incarceration period as well as initial stage of his case, he is given a liberty to renew his bail prayer after framing of charge.

6. The trial court is directed to take step(s) to frame charges upon the petitioner as early as possible. (Shailendra Singh, J) annu/- U T