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Patna High CourtCR. MISC./81191/2023rejected

Manish Kumar v. The State Of Bihar

2024-01-12Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81191 of 2023 Arising Out of PS. Case No.-26 Year-2020 Thana- MASAUDHI District- Patna ====================================================== Manish Kumar Son Of Ravindra Thakur @ Feku Thakur @ Pheku Thakur R/O Village- Manichak, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-01-2024 Heard Mr. Saket Anand, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Masaurhi P.S. Case No. 26 of 2020, FIR dated 13.01.2020 for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. Earlier the prayer for bail of the petitioner was rejected vide orders dated 23.02.2023 & 13.10.2023 passed in Cr. Misc. No. 26701 of 2022 & 68472 of 2023 respectively.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the earlier the bail application of the petitioner was rejected merely on the ground that the petitioner is husband of the deceased.

Patna High Court CR. MISC. No.81191 of 2023(3) dt.12-01-2024 2/2

5. Vide order dated 15.12.2023, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 02.01.2024 reveals that out of 13 charge-sheeted witnesses, 10 witnesses have been examined and 3 prosecution witnesses are yet to be examined.

6. Learned APP for the State vehemently opposed the prayer for bail of the petitioner and submits that petitioner along with other co-accused persons disposed the dead body of the deceased .

7. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Masaurhi P.S. Case No. 26 of 2020 pending in the Court of learned Additional Sessions Judge-I, Masaurhi.

8. Prayer is refused.

9. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T