Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15511 of 2024 Arising Out of PS. Case No.-44 Year-2021 Thana- CHANDRADIP District- Jamui ====================================================== Sujeet Kumar Son of Rajendra Singh @ Rajo Singh @ Rajo Singh Resident of Village- Sagma, Police Station- Chandradeep, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the State :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-04-2024 Heard Mr. Pramod Kumar, learned counsel for the petitioner and Mr. Anish Chandra, learned Additional Public Prosecutor appearing for the State.
2. Petitioner seeks bail in connection with Sessions Trial No. 210 of 2022 arising out of Chandradeep P.S. Case No. 44 of 2021 dated 6.5.2024 registered for the offence punishable under Section 304(B) and 34 of the Indian Penal Code.
3. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 626 of 2022, which was rejected with an observation that if the trial is not concluded within a period of one year, the petitioner is at liberty to renew his prayer for bail. He further submits that since the trial has not been concluded in the stipulated time, the petitioner, vide present application, has
Patna High Court CR. MISC. No.15511 of 2024(2) dt.10-04-2024 2/3 renewed his prayer for bail.
4. From perusal of the order dated 23.1.2024 passed by Ld. Trial Court, it transpires that the trial has not been concluded within one year because it is still at the stage of prosecution evidence and not a single witness has been examined on behalf of the Prosecution.
6. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional District and Sessions Judge-IIIrd, Jamui, in connection with Sessions Trial No. 210 of 2022 arising out of Chandradeep P.S. Case No. 44 of 2021 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
Patna High Court CR. MISC. No.15511 of 2024(2) dt.10-04-2024 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J) jyoti/- U T