Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19520 of 2024 Arising Out of PS. Case No.-130 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Rahul Kumar Son of late Laxman Singh Posted as Lower Division Clerk, Office of Labour Superintendent, Biharsharif Nalanda, resident of MohallaKhajpura, P.S. Hawai Adda, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 130 of 2022 (Sessions Trial Case No. 659 of 2023) dated 17.05.2022, registered for the offence punishable under Section(s) 341, 323, 498A, 354C, 354D, 376(D), 504, 506 of the Indian Penal Code and under Section(s) 67B and 67D of I.T. Act.

3. Mr. Dewendra Narayan Singh learned senior counsel for the petitioner submits that this is the second attempt of the petitioner to get the relief of bail and earlier he filed Cr. Misc. No. 44437 of 2023 for the said relief which was rejected

Patna High Court CR. MISC. No.19520 of 2024(5) dt.02-08-2024 2/3 by this court vide order dated 01.08.2023 with giving liberty to the petitioner to renew his bail prayer after one year from the date of that order, if no significant progress is made in his trial or after the examination of victim and in the light of the said liberty the petitioner has come again before this court. It is further submitted that there is no progress in the trial of the petitioner and upon him the charges were framed on 29.09.2023 and thereafter only two witnesses have been examined out of seven chargesheet witnesses which shows the lingering attitude of the prosecution and the petitioner has been languishing in jail since 09.11.2022 and two witnesses of the prosecution who have been examined, went hostile.

4. Mr. Mohammed Arif, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly taking into account the slowness of the prosecution in producing and examining the prosecution's witnesses as stated above and also coupled with the custody period of the petitioner, this Court is now inclined to release the petitioner on bail. Accordingly, let the petitioner named-above 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 concerned Court in

Patna High Court CR. MISC. No.19520 of 2024(5) dt.02-08-2024 3/3 connection with Sohsarai P.S. Case No. 130 of 2022 (Sessions Trial Case No. 659 of 2023).

(Shailendra Singh, J) Rajiv/- U T