Santosh Sharma @ Santosh Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22738 of 2024 Arising Out of PS. Case No.-252 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== Santosh Sharma @ Santosh Kumar Sharma Son Of Vijendra Sharma Resident Of Village- Suara, Ps- Dehri, Ps- Rohtas At Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar No. 1 For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has moved his prayer for grant of regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504/34 of the Indian Penal Code and later on Section 302 was also added.
Earlier, vide order dated 10.8.2021, prayer for grant of anticipatory bail was disposed off in Cri. Misc. No. 5270 of 2021 by another co-ordinate Bench of this Court with a direction to the petitioner to surrender before the court below and pray for regular bail, the same shall be considered by the learned court below in the light of order dt. 15.01.2021 passed by the then co-ordinate Bench of this Court vide Cr. Misc. No. 32367 of 2020, and if possible, be disposed of, preferably on the
Patna High Court CR. MISC. No.22738 of 2024(3) dt.15-05-2024 2/3 same day. Second time, it was dismissed as withdrawn by this Court vide order dated 2.11.2023 passed in Cr. Misc. No. 58790 of 2023.
In compliance of order dated 20.03.2024, a progress report sent by Addl. Dist. & Sessions Judge XIX, Rohtas at Sasaram dt. 2.4.2024 has been received and kept at flag 'A' which suggests that trial is likely to be concluded in six months.
3. It is submitted by learned counsel for the petitioner that it is mentioned in para 13 of the petition that petitioner had moved to the court of learned XI Additional Distt. & Sessions Judge, Patna in S. Tr. No. 370 of 2023, which was conditionally allowed on 7.7.2023 but due to impractical condition, petitioner could not be released even after expiry of seven months from the date of grant of conditional bail as yet. He has further submitted that there is no hope to conclude the trial in near future. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 15.01.2021 passed in Cr. Misc. No. 32367 of 2020. Moreover, petitioner is languishing in judicial custody since 19.12.2020.
5. The application for bail is opposed by learned APP for the State.
Patna High Court CR. MISC. No.22738 of 2024(3) dt.15-05-2024 3/3
6. Having heard learned counsel for the parties and considering the period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned XI Distt. & Sessions Judge, Rohtas at Sasaram in connection with Dehri Town P.S. Case No. 252 of 2020.
(Sunil Kumar Panwar, J) sushma/- U