Patna High CourtCR. MISC./3340/2025bail rejected

Vikash Kumar Mali @ Vikash Kumar @ Vikash Mali v. The State Of Bihar

2025-04-25Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3340 of 2025 Arising Out of PS. Case No.-210 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Vikash Kumar Mali @ Vikash Kumar @ Vikash Mali Son of Chandarma Bhagat Resident of village- Rajendra Nagar Kalibagh, PS- Kalibagh O.P., District- West Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Mohan, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-04-2025 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 Bettiah Nagar (Kalibagh O.P.) P.S. Case No. 210 of 2023 lodged on 21.03.2023, for the offence punishable under Sections 302, 34 & 120(B) of the Indian Penal Code read with section 27 of the Arms Act.

3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 10.04.2024 passed in Cr. Misc. No. 85062 of 2023. Counsel submits that on earlier occasion, report with regard to the present stage of trial has been called for. Counsel further

Patna High Court CR. MISC. No.3340 of 2025(3) dt.25-04-2025 2/3 submits that the petitioner is in custody since 19.05.2023 having two criminal antecedents and in both the cases, he is on bail.

4. Learned APP for the State opposes the prayer for bail of the petitioner.

5. Learned Counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that in this case, official witnesses are yet to be examined and rest witnesses are already been examined.

6. Upon perusal of the report, it transpires to this Court that out of 12 charge-sheet witnesses, 10 witnesses have been examined and only I.O and Doctor are yet to be examined and the Trial Court has stated in the report that the trial is likely to be concluded within 3 months.

7. In this view of the matter, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

8. However, speedy trial is the constitutional vision of justice and with a view to conducting the speedy trial, the Superintendent of Police, West Champaran is hereby directed to do the needful by directing the concerned S.H.O./I.O. of this case so that evidence of two official witnesses (I.O & Doctor) in connection with Bettiah Nagar (Kalibagh O.P.) P.S. Case No.

Patna High Court CR. MISC. No.3340 of 2025(3) dt.25-04-2025 3/3 210 of 2023 be completed within two months from the date of communication of this order to the Superintendent of Police, West Champaran.

9. Registry is directed to transmit a copy of this order to the Superintendent of Police, West Champaran through fax, email or any other mode forthwith. Registry is further directed to hand over a copy of this order to Learned APP for the State who shall communicate this order to the Superintendent of Police, West Champaran at his level.

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