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Patna High CourtCR. MISC./20467/2024allowed

Nand Kumar @ Nand Kumar Yadav v. The State Of Bihar

2024-06-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20467 of 2024 Arising Out of PS. Case No.-384 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Nand Kumar @ Nand Kumar Yadav Son Of Rajendra Yadav Resident Of Village- Bhikhari Ghat, Ps- Alauli, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the state.

2. The instance application for regular bail has been filed by the petitioner in connection with Alauli P.S. Case No. 384 of 2021 instituted for the offence u/s 307, 353 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.

3. Earlier the application for regular bail of the petitioner was rejected by this Court vide order dated 11.01.2023 in Cr. Misc. No. 42857 of 2022. Again, petitioner renewed his prayer for regular bail which was rejected by this Court vide order dated 13.10.2023 in Cr. Misc. No. 54836 of 2023 with a direction to trial Court to conclude the trial within a period of four months from today as incorporated in the trial

Patna High Court CR. MISC. No.20467 of 2024(3) dt.21-06-2024 2/2 Court report dated 13.09.2023.

4. In pursuance to the direction of this Court, a report with regard to the present stage of trial was called for and the same has been received dated 26.04.2024 by which, it appears that four months time is required to conclude the trial.

5. It is submitted by learned counsel for the petitioner that there is no hope to conclude the trial in near future and the petitioner is languishing in judicial custody since 13.11.2021.

6. Several opportunities have been given by this Court to trial Court to conclude the trial but till now the trial has not been concluded.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alauli P.S. Case No. 384 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V, Khagaria.

(Sunil Kumar Panwar, J) Shubham/- U T