Nand Lal Kumar @ Nand Lal Paswan @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19254 of 2022 Arising Out of PS. Case No.-36 Year-2015 Thana- DULHIN BAZAR District- Patna ====================================================== NAND LAL KUMAR @ NAND LAL PASWAN @ GANESH KUMAR S/o Sri Baban Prasad @ Baban Paswan R/o village- Piplama, P.S.- Naubatpur, District- Patna, Present Address Village- G.I.D., P.S. Dulhin Bazar, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachchidanand Choudhary For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 233 of 2021, arising out of Dulhin Bazar Police Station Case No. 36 of 2015, registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

This is the third attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 25.11.2019, passed in Criminal Misc. No. 53618 of 2019 and order, dated 15.09.2021, passed in Criminal Misc. No. 32322 of 2021 and by order, dated 15.09.2021, the petitioner was given

Patna High Court CR. MISC. No.19254 of 2022(3) dt.11-05-2022 2/3 liberty to renew his prayer for bail after six months from the date of the order, if the trial does not register any progress. The allegation, as per the First Information Report, is that the petitioner fired upon the son of the informant near his chest, due to which he died.

Learned Counsel for the petitioners submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 15.09.2021. He further submits that the petitioner is in custody since 09.05.2019, i.e. for three years. He next submits that the trial has not registered any substantial progress and only charges have been framed.

This Court, vide order, dated 13.04.2020, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 3rd Additional Sessions Judge, Danapur, and from perusal of the same, it would be evident that none of the chargesheeted witness has been examined in the trial as yet. After having heard learned Counsel for the parties and taking into consideration the observation of this Court and the fact that the petitioner is in custody for three years, there is tardy progress in the trial and this is third attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the

Patna High Court CR. MISC. No.19254 of 2022(3) dt.11-05-2022 3/3 petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Danapur, in connection with Sessions Trial No. 233 of 2021, arsing out of Dulhin Bazar Police Station Case No. 36 of 2015.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √