Devilal Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5005 of 2024 Arising Out of PS. Case No.-973 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Devilal Sada Son of Dukhi Sada R/o vill - Arraha, ward no. 5, Near Kali Mandir, P.S. - Ghailarh, Distt. - madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Vishoka Nand For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail, registered for the offence punishable under section 307 of the Indian Penal Code and sections 25(1-b) (a), 26, 27 of the Arms Act, which was earlier dismissed as withdrawn by this Court vide order dated 28.6.2023 passed in Cr. Misc. No. 72866 of 2022 with a direction to trial court to conclude the trial within six months failing which petitioner will be at liberty to renew his prayer for bail.

3. As per allegation in the FIR, petitioner fired upon informant's daughter, namely, Guddi Devi which hit right side of her stomach. Reason behind the occurrence is that this petitioner wants to marry with Guddi Devi, whose marriage was solemnized with another person.

4. In compliance of order dated 2.2.2024, a progress report

Patna High Court CR. MISC. No.5005 of 2024(5) dt.05-07-2024 2/2 dated 6.2.2024 sent by Addl. Sessions Judge-III, Madhepura has been received which suggests that trial is likely to be concluded in one year.

5. Learned counsel for the petitioner submits that there is no hope to conclude the trial in near future. He further submits that petitioner has got no criminal history and he is languishing in judicial custody since 08.09.2022.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and considering the period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, Madhepura in connection with Madhepura (Ghailarh) P.S. Case No. 973 of 2021.

(Sunil Kumar Panwar, J) sushma/- U