Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33054 of 2021 Arising Out of PS. Case No.-345 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== SONU KUMAR Son of Ram Sharan Mahato Resident of Mohalla- Thumma, P.S.- Runisaidpur, District- Sitamarhi. At present- Mohalla- Shastri Nagar Near Community Hall, Jhoparpatti, P.S.- Shastri Nagar, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 401 and other sections of the Indian Penal Code.

Earlier prayer for bail of this petitioner was twice refused by this Court. Lastly vide order dated 24.8.2020 prayer for bail of the petitioner was rejected with observation that the trial court is directed to conclude the trial as early as possible. Petitioner is in custody since 20.4.2019.

Learned counsel for the petitioner submits that till date there is no progress in the trial and the case is still pending at the stage of evidence.

Considering the facts and circumstances of the case and

Patna High Court CR. MISC. No.33054 of 2021(3) dt.11-08-2021 2/2 the period of custody of the petitioner and the fact that there is no progress in the trial since the last order of rejection vide order dated 24.8.2020, let the petitioner, mentioned above, be enlarged 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 Additional Sessions Judge XXI, Patna in Sessions Trial No. 902 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T