Pintu Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9419 of 2024 Arising Out of PS. Case No.-249 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== Pintu Kumar Pandey son of Surendra Pandey Village- Sarafara Ps- Barauli Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in trial no.46 of 2021 arising out of Barauli P.S. Case No.249 of 2021, lodged under Sections 399 and 402 of the I.P.C. read with section 25(1b)a/ 26 and 35 of the Arms Act. read with section 20/22/25/29 of N.D.P.S. Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 23.08.2022 passed in Cr. Misc. No.18051 of 2022 in which liberty was granted to him to renew his prayer for bail one year after framing of charge.

4. Learned counsel for the petitioner further submits that one year and 3 months have been lapsed, but trial has not

Patna High Court CR. MISC. No.9419 of 2024(3) dt.19-04-2024 2/3 been concluded.

5. Counsel also submits that during pendency of this bail application, the other co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide orders dated 05.07.2023, 17.05.2023 passed in Cr. Misc. Nos. 40577/2023 and 17688 of 2023.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeI, Gapalganj in connection with trial no.46 of 2021 arising out of Barauli P.S. Case No.249 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:-

Patna High Court CR. MISC. No.9419 of 2024(3) dt.19-04-2024 3/3 i. Basantpur P.S. Case No.366 of 2021.

ii. Bhagwanpur P.S. Case No.157 of 2021.

iii. Garkha P.S. Case No.567 of 2021.

(Dr. Anshuman, J.) Prakashmani/- U T