Raja Khan @ Md.Sohel Khan @ Raj Khan @ Sohil Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82204 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== Raja Khan @ Md.Sohel Khan @ Raj Khan @ Sohil Khan Son Of Late Ayub @ Late Ayub Khan R/O Village- Gospuur, P.S.- Dalsinghsarai, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-02-2024 Heard Mr. Mahendra Pratap, learned counsel for the petitioner as well as Mr. Choubey Jawahar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 02.07.2022 in connection with Sessions Trial No. 65 of 2023 arising out of Dalsinghsarai P.S. Case No. 186 of 2022, F.I.R. dated 29.05.2022 for the offences punishable under Sections 376, 313 and 120B of the Indian Penal Code.
3. Earlier the bail application of the petitioner has been rejected by this Hon'ble Court vide order dated 20.03.2023 passed in Cr. Misc. No. 61633 of 2022.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.82204 of 2023(3) dt.02-02-2024 2/2 petitioner has not committed any offences as alleged in the F.I.R.
5. Vide order dated 15.12.2023 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 21.12.2023 reveals that out of 13 charge sheet witnesses, 10 witnesses have already been examined and the case is pending for the examination of rest of the prosecution witnesses.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances, report of the learned Trial Court and the nature of allegation, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 65 of 2023 arising out of Dalsinghsarai P.S. Case No. 186 of 2022 pending in the court of learned Additional Chief Judicial Magistrate-I, Dalsinghsarai, Samastipur.
8. Prayer is refused.
9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.
(Rajesh Kumar Verma, J) Vanisha/- U T