Kamal Kishore Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84959 of 2023 Arising Out of PS. Case No.-240 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== Kamal Kishore Malakar S/O Nand Malakar Resident Of Prabhanagar, Ps. Chauttam, Dist. Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Alamnagar P.S. Case No. 240 of 2020, lodged on 30.11.2020 under Sections 302, 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 19.10.2022 passed in Cr. Misc. No. 23551 of 2022 with liberty to the petitioner to renew his prayer for bail after nine months of framing of charge and the trial court, thereafter, shall release the petitioner on bail imposing its own conditions so that the petitioner may not evade from trial. The bail application was filed by the petitioner on 22.12.2023. Counsel further submits that a report has been called for vide order no.2 dated

Patna High Court CR. MISC. No.84959 of 2023(3) dt.09-02-2024 2/2 05.01.2024 and it transpires from the said report that the charge has been framed on 25.01.2024.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 16.12.2021.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

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 Alamnagar P.S. Case No. 240 of 2020, pending before the learned Additional Chief Judicial Magistrate-I, Udakishunganj, Madhepura is hereby rejected. (Dr. Anshuman, J.) Divyansh/- U T