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Patna High CourtCR. MISC./9280/2022allowed

Pawan Sah @ Pawan Kumar Sah v. The State Of Bihar

2023-08-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9280 of 2022 Arising Out of PS. Case No.-191 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== Pawan Sah @ Pawan Kumar Sah Son Of Santlal Sah Resident Of Village - Chajan, P.S.- Laukahi, Distt.- Madhubani.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Earlier, the bail of the petitioner was rejected vide order dated 22.03.2021 passed in Cr. Misc. No. 36965 of 2020, by a different coordinate Bench of this Court and trial Court was directed to conclude the trial within stipulated period of time.

4. Hence, vide order dated 19.06.2023, a report was called for with regard to the present stage of trial, and

Patna High Court CR. MISC. No.9280 of 2022(7) dt.24-08-2023 2/2 the same has been received on 03.07.2023, of the learned trial Court from which it reveals that out of five PWs only one witness has been examined till now. And trial Court had sought six months time to conclude the trial.

5. Learned counsel for the petitioner submits that neither the trial has been concluded as yet nor there is any hope to be concluded in near future rather the petitioner is in custody since 29.10.2018.

6. Considering the aforesaid facts and circumstances let the petitioner 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 learned Additional District and Sessions Judge Jhanjaharpur in connection with Laukahi P.S. Case No. 191 of 2018. (Sunil Kumar Panwar, J) Manishkumar/- U T