Patna High CourtCR. MISC./7273/2024disposed

Yogendra Mahto @ Ajay Chauhan @ Master @ Bikram v. The State Of Bihar

2024-02-16Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7273 of 2024 Arising Out of PS. Case No.-274 Year-2018 Thana- RAMPUR District- Gaya ====================================================== YOGENDRA MAHTO @ AJAY CHAUHAN @ MASTER @ BIKRAM Son of Late Sudarshan Mahto R/o vill - Khairwa, P.S. - Bhagwanpur, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Rampur P.S. Case No. 274 of 2018 dated 24.07.2018 registered for the offence(s) punishable under Section(s) 395 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that this is second attempt of the petitioner for the relief of regular bail after the petitioner's earlier attempt for the same relief was rejected by this court vide order dated 18.04.2023 passed in Cr. Misc. No. 33378 of 2022 preferred by this petitioner with giving a liberty to him to renew his prayer for bail after six months from that order, if any significant

Patna High Court CR. MISC. No.7273 of 2024(2) dt.16-02-2024 2/3 progress is not made in his trial by the trial court. Further submissions are that petitioner has again come for the relief of regular bail in the light of liberty given to him by this court as no progress has been made in his trial and even charges have not been framed upon him and in this regard, copies of the relevant order sheets of the case of petitioner relating to his trial have been filed. Further submissions are that petitioner has been languishing in jail since 10.03.2022 and during investigation, he was made accused mainly on the basis of CCTV footage but the police failed to recover any incriminating material from his possession after he was taken into custody.

4. Learned APP appearing for the State opposes the bail prayer and submits that against the petitioner there is serious allegation and he also is accused in several other cases.

5. Heard both the sides. Though petitioner is accused in several cases but as per above submission, there is no progress in his trial and even the charges have not been framed against him till date and some of the co-accused persons, detailed in paragraph 21 of the bail petition, are on bail hence in my opinion, in the said circumstances, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail in connection with Rampur

Patna High Court CR. MISC. No.7273 of 2024(2) dt.16-02-2024 3/3 P.S. Case No. 274 of 2018 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned on the condition that petitioner shall be released after framing of charge.

6. The learned trial court is directed to split up the petitioner's trial from the other accused persons if they are or any of them is not appearing before the trial court at the earliest, preferably, within 25 days.

(Shailendra Singh, J) BKS/- U T