Patna High CourtCR. MISC./23794/2024disposed

Mahesh Kumar Sahni @ Mahesh Kumar v. The State Of Bihar

2024-05-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23794 of 2024 In CRIMINAL MISCELLANEOUS No.74610 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== Mahesh Kumar Sahni @ Mahesh Kumar S/o Sri Ramji Sahni R/o village Usti P.S. Paroo Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present application has been filed for seeking modification in the order as the petitioner has been granted bail vide order dated 09.02.2024 in Cr. Misc. No.74610 of 2023 with a condition that the petitioner shall be granted bail after completion of prosecution witnesses.

3. Counsel for the petitioner submits that after filing the bail application, this Hon'ble Court has pleased to call for report. He submits that as per his knowledge, charge has been framed on 12.01.2024, but till date not a single witness has been examined.

4. Counsel for the State submits that there is specific

Patna High Court CR. MISC. No.23794 of 2024(3) dt.10-05-2024 2/2 order to release the petitioner after completion of prosecution witness.

5. From the report, it transpires that even after lapse of 4 months, prosecution has not been able to produce any witness. Charge has already been framed in this case.

6. In this view of the matter, the petitioner is directed to be released on bail after one month, if prosecution failed to produced witness in this case, on the same bail bond which has been earlier mentioned with the same condition.

7. Accordingly, the present modification application is hereby disposed off.

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