Sandeep Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14030 of 2021 Arising Out of PS. Case No.-230 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== SANDEEP OJHA Son of Anil Ojha @ Bhola Ojha Resident of Village - Parsa Mathura, P.S. - Parsa, Dist. - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for bail in a case registered under sections 396 of the Indian Penal Code and section 27 of the Arms Act.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 9.7.2020 passed in Cr. Misc. no. 12930 of 2020. It is further submitted that in the paragraph nos. 26, 27 and 28 of the case diary referred to in the above order, the witnesses have also taken the name of other accused persons

Patna High Court CR. MISC. No.14030 of 2021(3) dt.04-08-2021 2/3 as also one Ankit Goswami. The said Ankit Goswami has been enlarged on bail vide order dated 30.9.2019 (Annexure-3) passed in Cr. Misc. no. 48537 of 2019. The petitioner is in custody since 6.11.2018 and in view of the Covid-19 pandemic, there is no chance of the trial concluding in the near future. Heard learned A.P.P. for the State.

As per the report received from the learned Court below with respect to the stage of trial, it transpires that only charge has been framed and no witness has been examined on behalf of the prosecution.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner being in custody since 6.11.2018, grant of bail to co-accused Ankit Goswami and the contents of the report from the learned Court below, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 189 of 2020 (arising out Dariyapur P.S. Case no. 230 of 2018) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 10th Additional District and Sessions

Patna High Court CR. MISC. No.14030 of 2021(3) dt.04-08-2021 3/3 Judge, Saran at Chapra.

(Partha Sarthy, J) Prakash/- U