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2025 DAILYLAW 73873 (PAT)

Gautam kumar v. The State of Bihar

CR. MISC./67006/2024 · 2025-01-21

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67006 of 2024 Arising Out of PS. Case No.-361 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Gautam kumar S/o Sri Suresh Yadav Resident of village- Bagha chowk, Taraiya Sujan, P.S.- Kushinagar, District- kushinagar, U.P. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 21-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in connection with Bettiah Muffasil P.S. Case No. 361/2021 registered for the offence punishable under Sections 399/402/412/413/414 of the Indian Penal Code and 25(1-B)(a)/26/35 of the Arms Act. 3. This is the second attempt of the petitioner for grant of bail. Earlier his application was rejected vide order dated 01.03.2024 passed in Cr. Misc. No. 70242 of 2023. 4. It has been submitted by the learned counsel for the petitioner that the petitioner is accused in two cases which are registered in Bihar but the trial is not proceeding because of the non-cooperation of the prosecution side and the petitioner may be released on bail. 5. Vide order dated 05.10.2024, a report has been Patna High Court CR. MISC. No.67006 of 2024(3) dt.21-01-2025 2/2 called for which has been received. 6. From perusal of the report of the trial Judge, it appears that out of 10 chargesheeted witnesses, eight witnesses have already been examined. 7. Considering the fact that the trial is on the verge of completion, I am not inclined to grant bail to the petitioner. It is accordingly dismissed. Saif/- (Sandeep Kumar, J) U T