Patna High CourtCR. MISC./7288/2024bail granted

Ankaj Kumar v. The State Of Bihar

2024-02-16Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7288 of 2024 Arising Out of PS. Case No.-121 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== Ankaj Kumar Son of Late Dhuail Prasad @ Vijay Prasad R/o vill - Sihauta Haldi Hatta, P.S. - Maharajganj, P.O. - Siwan, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar, Adv.

For the Opposite Party/s :

MrsMadhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-02-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Maharajganj P.S. Case No. 121/ 2022 dated 28.04.2022 registered for the offence(s) punishable under Section(s) 302 read with section 34 of the Indian Penal Code and under Section 27 of Arms Act.

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 01.08.2023 passed in Cr. Misc. No. 47628/ 2023 preferred by this petitioner, giving a liberty to the petitioner to renew his bail prayer after framing of charge upon him and now the petitioner has come again for the same relief mainly on the basis of the

Patna High Court CR. MISC. No.7288 of 2024(2) dt.16-02-2024 2/3 said liberty as his trial has started and charges have been framed upon him on 12.12.2023. Further submissions are that the petitioner has been languishing in jail since 08.02.2023 and against him, there is only one criminal antecedent in which he is on bail and admittedly, petitioner did not fire upon the victim and he was simply alleged to be present with other accused persons at the place of occurrence.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly taking into account the petitioner's custody period and also stage of his trial, this court is now inclined to accept his bail prayer. Accordingly, let the petitioner named-above be released on bail in connection with Maharajganj P.S. Case No. 121 of 2022 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 following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the trial court and shall remain physically present as directed by the trial court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the trial

Patna High Court CR. MISC. No.7288 of 2024(2) dt.16-02-2024 3/3 court.

(ii) If the petitioner tampers with the evidence or the witnesses, then the prosecution will be at liberty to move for cancellation of bail before the trial court.

(iii) One of the bailers shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition. (Shailendra Singh, J) BKS/- U T