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Patna High CourtCR. MISC./3588/2025bail granted

Rishu Kumar v. The State Of Bihar

2025-02-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3588 of 2025 Arising Out of PS. Case No.-263 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Rishu Kumar S/o Sri Amit Kumar Singh @ Amit Kumar Ray Resident of Vill- Narepur, Dharampur/Dhrampur, P.S- Bachhwara, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-02-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 21.03.2024 passed in Cr. Misc. No. 4458 of 2024.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 120B, 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.

4. As per the FIR, unknown persons shot at the victim which hit him in the back. The name of the petitioner has come in this case on the confessional statement of a co-accused.

5. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 29.08.2023. He further submits that in the trial one witness has been examined on 07.05.2024 and since then there has been no progress in the trial.

Patna High Court CR. MISC. No.3588 of 2025(2) dt.05-02-2025 2/2

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the period of custody and the delay in trial, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-V, Begusarai/concerned Court below in connection with Teghra P.S. Case No. 263 of 2022 subject to condition that:- (i).

The petitioner will mark his attendance at the Bachhwara Police Station on every Sunday of each month and at the Teghra Police Station on every Wednesday of each month. Any default in appearance at the Police Stations would result in cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.

(iii). Bailors should be close blood relatives of the petitioner.

(Sandeep Kumar, J) Shishir/- U T