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Patna High CourtCR. MISC./15300/2022allowed

Sonelal Sah @ Sonelal Kumar @ Sonal Kumar v. The State Of Bihar

2022-07-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15300 of 2022 Arising Out of PS. Case No.-128 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Sonelal Sah @ Sonelal Kumar @ Sonal Kumar Son of Late Nandlal Sah Resident of Village- Ismailpur, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Advocate.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 128 of 2018 lodged under Section 394 of Indian Penal Code.

Learned counsel for the petitioner submits that the present F.I.R. has been lodged against unknown person. He further submits that in the present case the petitioner has been remanded on 20.10.2020 from Hajipur Sadar P.S. Case No. 396 of 2020. It has also been submitted that neither T.I.P. has been made nor any in discriminating article has been recovered from the conscious possession of the petitioner. It has been further submitted that there are 13 criminal cases pending against the present petitioner. From the order of the trial court, it transpires that his bail has been rejected due to his criminal antecedent. Learned counsel for the petitioner submits that the petitioner

Patna High Court CR. MISC. No.15300 of 2022(2) dt.07-07-2022 2/2 shall support in the trial and he shall appear on each and every date fixed by the trial court. Learned counsel for the petitioner is not in a position to inform to this Court that whether charge has been framed or not.

Learned counsel for the State submits that in such type of cases after grant of bail, trial could not be completed. In the present facts and circumstances of this case that no T.I.P. has been made by the prosecution and petitioner is in custody since 20.10.2020, let the petitioner above named, is directed to be released on bail only after framing of charge to the satisfaction of the trial court.

After bail, the petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond.

With this observation, the bail application stands disposed of.

(Dr. Anshuman, J) ravishankar/- U T