Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12334 of 2023 Arising Out of PS. Case No.-193 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== ANIL KUMAR S/O BACHCHELAL SAHNI Resident of Village- Piprahi Sultan, Ward No.- 3, P.S.- Bairgania, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s N.K. Agrawal, Sr. Advocate Pushpendra Kumar Singh Arvind Kumar Kumar Rajdeep Divya Bharti, Advocates For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-03-2023 Heard learned senior counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 365 of the Indian Penal Code to which sections 302, 364, 364A, 506 and 34 of the Indian Penal Code was added subsequently.

As per the prosecution case, the son of the informant was kidnapped for which the FIR was registered against unknown. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 9.1.2023 (Annexure-1) passed in Cr. Misc. no. 22087 of 2022 giving liberty to the petitioner to renew his prayer for bail after framing of charge. Referring to the order contained in Annexure-3, it

Patna High Court CR. MISC. No.12334 of 2023(2) dt.29-03-2023 2/2 is submitted that charge has been framed against the petitioner in the learned trial court. It is submitted that the petitioner is in custody since 5.12.2020, has no criminal antecedent and undertakes to cooperate in the trial.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, liberty granted to the petitioner by the aforesaid order of rejection dated 9.1.2023, charge having been framed in the case together with the petitioner having remained in custody since 5.12.2020, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 136 of 2021 (arising out of Bairgania P.S. Case no. 193 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XII, Sitamarhi.

(Partha Sarthy, J) Spd/- U T