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Patna High CourtCR. MISC./30730/2021allowed

Bhim Singh @ Manoj Kumar Singh v. The State Of Bihar

2021-08-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30730 of 2021 Arising Out of PS. Case No.-193 Year-2018 Thana- AMNAUR District- Saran ====================================================== BHIM SINGH @ MANOJ KUMAR SINGH S/O LATE NAND KISHORE SINGH @ SHATRUDHAN SINGH R/O VILLAGE-AMNOUR HAR NARAYAN, P.S.-AMNOUR, DISTRICT-SARAN AT CHAPRA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Amnour P.S. Case No. 193 of 2018 (Sessions Trial No. 343 of 2019) for the offence under Sections 302 and 120(B)of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected twice by this Court vide order dated 22.07.2019 and 04.09.2020 passed in Cr. Misc. No. 16746 of 2019 and Cr. Misc. No. 19421 of 2020 respectively with direction to conclude the trial within six months but the trial of the case has not been concluded despite the order of this

Patna High Court CR. MISC. No.30730 of 2021(3) dt.25-08-2021 2/2 Court. The petitioner is rotting in judicial custody since 10.12.2018 i.e. more than two and half years and there is no substantial progress in the trial.

A report was called for regarding the stage of the trial and the same has been received from the court below which indicates that three prosecution witnesses have been examined and case is pending for examination of rest prosecution witnesses.

Learned A.P.P. for the State does not dispute the factual position of the trial as is evident from the report received from the trial court.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Additional District and Sessions Judge-XII, Saran at Chapra in connection with S.T. No. 343 of 2019 arising out of Amnour P.S. Case No. 193 of 2018.

(Arvind Srivastava, J) brajesh/- U T