Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20697 of 2020 Arising Out of PS. Case No.-238 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== SONU KUMAR S/o Manoj Kumar Chaudhary Permanent resident of Sarra Bathnaha, P.S.- Kasba, District- Purnea, at present R/o Mohalla- Jheel Tola, Baghmara, P.S.- K. Nagar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner who is in custody since 11.7.2018 has renewed his prayer for bail in connection with S.T. No. 409 of 2018 arising out of Krityanand Nagar P.S. Case No. 238 of 2018 registered under sections 302, 201, 120B and 34 of the Indian Penal Code.
At the outset it is submitted by learned counsel for the petitioner that his earlier application for bail was rejected by order dated 7.8.2019 (Annexure-1) passed in Cr. Misc. No. 20374 of 2019 with a liberty to the petitioner to renew his prayer for bail after six months, if there is no progress in the trial. It is further submitted that since passing of the said order, more than one year has passed. Although two witnesses were examined on 3.7.2019 and 11.9.2019, no further witness has
Patna High Court CR. MISC. No.20697 of 2020(2) dt.11-11-2020 2/2 been examined on behalf of the prosecution since then. It is submitted that there are altogether nine chargesheet witnesses and the petitioner is in custody since 11.7.2018. There is no chance of the trial concluding in the near future. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with S.T. No. 409 of 2018 (arising out of Krityanand Nagar P.S. Case No. 238 of 2018) on furnishing bail bond of Rs. 10,000/ (Rupees ten thousand) only with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Purnea.
It is further directed that one of the bailors shall be mother of the petitioner. Further, the petitioner shall remain personally present in Court on each date of the trial and in case of his absence, for reasons not to the satisfaction of the learned trial Court, the learned Court below shall cancel his bail and take him into custody till conclusion of the trial. (Partha Sarthy, J) sushma/- U