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Patna High CourtCR. MISC./70376/2023bail rejected

Mukesh Kumar v. The State Of Bihar

2023-12-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70376 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- PIPRA District- Supaul ====================================================== Mukesh Kumar S/O Umesh Yadav Village Kataiya Mahe, Ward No 5 Ps Pipra District Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Singh, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Pipra P.S. Case No. 28 of 2022 (POCSO Case no. 10 of 2022), lodged under Sections 326 and 307/34 of the I.P.C. read with Section 27 of the Arms Act. and Section 12 of the POCSO Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 21.02.2023 passed in Cr. Misc. No. 54288 of 2022 in which direction was made to the Trial Court to expedite the trial as early as possible.

4. Learned counsel for the petitioner further submits that petitioner is in custody since 01.02.2022 and till date, the trial has not been concluded.

Patna High Court CR. MISC. No.70376 of 2023(3) dt.22-12-2023 2/2

5. After filing of the bail application, report has been called for. From the said report, out of 11 charge-sheet witnesses, 5 witnesses have been examined and case is presently at the stage of evidence.

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

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

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