Patna High CourtCR. MISC./20990/2024bail granted

Sandeep Patel v. The State Of Bihar

2024-04-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20990 of 2024 Arising Out of PS. Case No.-155 Year-2021 Thana- GUTHANI District- Siwan ====================================================== Sandeep Patel Son Of Late Om Prakash Patel @ Om Prakash R/O-Badka Gaw, P.S.-BHATPAR Rani, Distt.-DEORIA (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Lastly, the prayer for bail of the petitioner was rejected by this Court vide order dated 22.02.2023 passed in Cr. Misc. No. 66882 of 2022 with a direction to the Trial Court to conclude the trial preferably within a period of one year from the date of receipt/production of copy of this order.

3. Learned counsel for the petitioner submits that one year has already been lapsed. From perusal of the Trial Court's report dated 15.03.2024, it appears that there are total five charge-sheet prosecution witnesses but till date the prosecution has not produced any witness. Further submission is that similarly situated co-accused Om Prakash Singh has already been granted regular bail by this Court vide order dated

Patna High Court CR. MISC. No.20990 of 2024(3) dt.26-04-2024 2/2 20.03.2024 passed in Cr. Misc. No. 7971 of 2024. It is submitted that the petitioner is in custody since 09.07.2021 and there is no likelihood of conclusion of the trial in near future.

4. Having considered the period of custody of the petitioner and tardy progress of the trial, 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 Additional Sessions Judge-I-cumSpecial Judge, Siwan in connection with N.D.P.S. Trial Case No. 05 of 2022 arising out of Guthani P.S. Case No. 155 of 2021.

(Prabhat Kumar Singh, J) utkarsh/- U T