Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1650 of 2024 Arising Out of PS. Case No.-45 Year-2021 Thana- SIGAUDI District- Patna ====================================================== Manish Kumar Son Of Sanjay Chauhan Resident Of Village- Noniyachak, P.S.- Sigori, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.T. No. 574 of 2022 arising out of Sigori P.S. Case No. 45 of 2021 dated 07.04.2021, lodged under Sections 304(B), 201 and 34 of the I.P.C.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 25.02.2023 passed in Cr. Misc. No. 62891 of 2022 in which trial Court was directed to expedite the trial within nine months from the date of rejection. He submits that one year from the date of rejection has already been crossed, till date, the prosecution evidence could not be completed. As such, the petitioner may be granted bail as he is in custody since 24.02.2022.

Patna High Court CR. MISC. No.1650 of 2024(5) dt.10-05-2024 2/2

4. Learned A.P.P. for the State opposes the prayer for bail and submits that to know about the progress of the case, this Court has called for the report from the trial Court.

5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is a required progress takes place in this case and out of five charge-sheet witnesses, four witnesses have already been examined and only one witness is left.

6. Upon the report, it transpires to this Court that examination of witnesses are going on and warrant and dasti summon has also been issued.

7. In this view of the matter, this Court is not inclined to grant bail to the petitioner and therefore, his bail petition is hereby rejected.

8. However, specific direction is given to the trial Court to conclude the trial within six months. If the trial shall not be concluded within six months, then the petitioner shall be at liberty to move before this Court.

9. With this observation, the bail application stands rejected.

(Dr. Anshuman, J) sadique/- U T