Sujit Kumar @ Sujit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7232 of 2022 Arising Out of PS. Case No.-220 Year-2017 Thana- KURSAILA District- Katihar ====================================================== SUJIT KUMAR @ SUJIT KUMAR YADAV Son of Naresh Yadav Resident of Village - Rasalpur, P.S. Naugachhiya, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Kursela P.S. Case No. 220 of 2017, for the offence punishable under Sections 307, 427, 353, 120(B) and 412 of the Indian Penal Code and Section 25(1-b)a, 26, 37 and 35 of the Arms Act The petitioner, by way of his second attempt, has renewed his prayer for grant of bail after he is in custody since 13.12.2017. Allegation is of committing offence punishable under Sections 307, 427, 353, 120(B) and 412 of the Indian Penal Code and Section 25(1-b)a, 26, 37 and 35 of the Arms Act. A report was called for from the Court below and in

Patna High Court CR. MISC. No.7232 of 2022(3) dt.30-03-2022 2/3 compliance of the same vide letter no. 36, dated 22.02.2022, it has been informed that prosecution witnesses are still to be examined and in this regard, S.P. Katihar was directed to produce the prosecution witnesses on the next date fixed. Considering the fact that no substantial progress has taken place in conduct of trial. The petitioner has remained in custody since 13.12.2017, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-V, Katihar in connection with Kursela P.S. Case No. 220 of 2017, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take

Patna High Court CR. MISC. No.7232 of 2022(3) dt.30-03-2022 3/3 steps to cancel his bail bonds.

The S.P. Katihar is directed to produce the prosecution witnesses, without fail, on the date fixed by the trial Court. The trial Court is directed to conclude the trial expeditiously well within a period of three months.

(Purnendu Singh, J) manish/- U T