Patna High CourtCR. MISC./83107/2023bail rejected

Manish Kumar v. The State Of Bihar

2024-03-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83107 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.

MANISH KUMAR SON OF SANJAY DAS R/O VILLAGE- BHAWARA PULTOLA, P.S.- MUFASSIL, DIST.- KATIHAR 2.

ROHIT KUMAR SON OF PORASH DAS R/O VILLAGE- BHAWARA PULTOLA, P.S.- MUFASSIL, DIST.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mufassil P.S. Case No. 46 of 2023 registered on 27.02.2023 lodged under Sections 302, 120b and 34 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against three named accused persons excluding the petitioner.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 27.03.2023 having no criminal case pending against him. Charges has already been framed in this case. He submits that from the content of the F.I.R., it becomes crystal

Patna High Court CR. MISC. No.83107 of 2023(3) dt.19-03-2024 2/2 clear that there is no eye witness of this case and the case has been filed only by virtue of suspicion.

5. Learned counsel for the State opposes the prayer for bail.

6. Learned course for the informant, on the other hand submits that after framing of charge, prosecution witness has already been examined and now the case has been fixed for examination of accused under 313 of Cr.P.C. and there is every likelihood that case shall be concluded within a couple of months if accused shall support.

7. In the present facts and circumstances of this case, this Court is not inclined to enlarge the petitioners on bail at present.

8. Accordingly, the bail application of the petitioner is hereby rejected.

9. The trial Court is directed to conclude the trial within 3 months from today.

(Dr. Anshuman, J) Sunnykr/- U