Patna High CourtCR. MISC./14206/2024bail granted

Pankaj Kumar @ Aryan Yadav @ Pankaj v. The State Of Bihar

2024-03-20Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14206 of 2024 Arising Out of PS. Case No.-5 Year-2022 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Pankaj Kumar @ Aryan Yadav @ Pankaj Son of Vijay Yadav Resident of Village- Inerba, Ward No.-03, Police Station - Marona, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Yadav, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-03-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with K. Nagar (Champanagar) P.S. Case No. 05 of 2022 dated 05.01.2022 registered for the offence(s) punishable under Section(s) 25(1-b)a and 26 of Arms Act.

3. Mr. Surya Narayan Yadav, learned counsel appearing for the petitioner submits that the petitioner earlier preferred Cr. Misc. No. 29447 of 2022 for the relief of regular bail which was rejected by this court vide order dated 01.09.2023 and thereafter the petitioner has again come before this court for the same relief of bail mainly on the ground of his long incarceration period as well as no significant progress in his trial. He further submits that the petitioner has been languishing in jail since 05.01.2022 and he is being tried by the

Patna High Court CR. MISC. No.14206 of 2024(3) dt.20-03-2024 2/2 court of 1st Class Magistrate and his trial has commenced and upon him, the charge was framed on 22.09.2022 and thereafter only two prosecution witnesses have been examined out of seven prosecution witnesses which shows the lingering attitude of the prosecution.

4. Mr. Uday Pratap Singh, 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 petitioner's custody period as well as no significant progress in his trial despite the charges having been framed upon him on 22.09.2022 which shows the lingering attitude of the prosecution in producing and examining the prosecution's witnesses despite most of the prosecution witness being official persons, hence, in my opinion, in the said circumstances, the petitioner now deserves to the privilege of 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 connection with K. Nagar (Champanagar) P.S. Case No. 05 of 2022.

(Shailendra Singh, J) Rajiv/- U T