Mritunjay Kumar @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83236 of 2024 Arising Out of PS. Case No.-4 Year-2021 Thana- DANIYAWAN District- Patna ====================================================== Mritunjay Kumar @ Sonu Kumar S/O Late janardan prasad R/O vill.- Erai, P.S- Daniyawan, Dist.- Patna (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Digvijay Kumar Ojha, Advocate For the State :
Mr. Jagdhar Prasad, APP For the Informant :
Mr. Mayank Mani, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2025 Heard Learned Counsel for the petitioner, Learned A.P.P. for the State and Learned Counsel for the Informant.
2. The petitioner seeks regular bail in connection with S.Tr. No. 486 of 2021 arising out of Daniyawan P.S. Case No. 04 of 2021, lodged on 03.01.2021, under Sections 304B and 34 of the Indian Penal Code.
3. Learned Counsel for the petitioner submits that the petitioner has moved before this Court for regular bail for the third time, as his earlier bail applications were rejected twice, by orders dated 03.05.2023 and 26.04.2024, passed in Cr. Misc. Nos. 8556 of 2023 and 16531 of 2024, with liberty granted in the order dated 26.04.2024 to renew his prayer for bail after six months. The earlier rejection order dated 03.05.2023 directed
Patna High Court CR. MISC. No.83236 of 2024(3) dt.19-03-2025 2/3 the Trial Court to expedite the trial within 9 months. Counsel further submits that 9 months have passed, and an additional 6 months have also passed. The petitioner has been in custody since 04.01.2021, i.e., for more than four years. Counsel further submits that the progress report was called for by this Hon'ble Court. Counsel also submits that, considering the period of custody, the petitioner should be released.
4. Learned Counsel for the State opposes the prayer for bail and submits that more than six months have passed since the second rejection order was passed.
5. Learned Counsel for the Informant vehemently opposes the prayer for bail and submits that all prosecution witnesses have been examined on behalf of the informant, and only one witness, the I.O., remains to be examined. According to the report, out of eight witnesses, seven have been examined, and only the examination of the I.O. remains. The report further indicates that the case was fixed for evidence on 30.01.2025.
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner at this stage. Therefore, the bail application of the petitioner is hereby rejected. 7.
The Superintendent of Police / Senior
Patna High Court CR. MISC. No.83236 of 2024(3) dt.19-03-2025 3/3 Superintendent of Police, Patna, is hereby directed to do the needful by directing the concerned SHO / IO of this case, to produce the remaining one witness in connection with S.Tr. No. 486 of 2021, arising out of Daniyawan P.S. Case No. 04 of 2021 within one month from the date of production of the order and the Trial Court is directed to conclude the trial within three months from the date of receiving the order.
8. Office is directed to communicate this order forthwith to the Superintendent of Police / Senior Superintendent of Police, Patna, directly and A.P.P. is also directed to communicate this order at his level in this regard. (Dr. Anshuman, J.) Aman Kumar/- U T