Patna High CourtCR. MISC./16100/2025bail granted

Chandramauli Prasad @ Chandramauli Singh v. The State Of Bihar

2025-03-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16100 of 2025 Arising Out of PS. Case No.-39 Year-2021 Thana- SARMERA District- Nalanda ====================================================== Chandramauli Prasad @ Chandramauli Singh S/O Late Ram Prasad Mahto R/O Village- Govindpur, P.S- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Binod Kumar For the Informant :

Mr. D.K. Sinha, Sr. Adv.

Mr. Alexander Ashok, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.

2. This is the third attempt of the petitioner for grant of regular bail in connection S.Tr. No. 492 of 2022 arising out of Sarmera P.S. Case No. 39 of 2021 registered for the offence punishable for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code.

3. The second bail application of the petitioner was rejected on 13.04.2024 and till that date only one witness was examined. Thereafter, almost one year has passed and only one witness has been examined after that.

4. Learned counsel for the informant had undertaken before this Court that he will produce the witnesses on each and every date fixed in the trial but it does not appear that the prosecution is interested in conclusion of the trial of the petitioner.

Patna High Court CR. MISC. No.16100 of 2025(2) dt.05-03-2025 2/2

5. Considering the fact that the petitioner is in custody since 6.9.2022 and also considering the fact that the prosecution is delaying the trial and not producing the witnesses despite having undertaken before this Court to produce the witnesses, this application is allowed.

6. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Nalanda at Biharsharif/concerned Court below in connection with Sarmera P.S. Case No. 39 of 2021.

7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U