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Patna High Court/21075/2023disposed

Raja Nut @ Ranjay Nut v. The State Of Bihar

2023-08-02Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21075 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== RAJA NUT @ RANJAY NUT S/O SOHAN NUT R/O VILLAGESAIDPUR, MOHAMMADPUR, P.S- DARIYAPUR, DISTT.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Dariyapur P.S. Case No.28 of 2022 dated 12.01.2022 registered for the offence/s punishable under Section/s 341, 307, 323, 324, 504 and 506 of the Indian Penal Code. 3.

This is second attempt of the petitioner for the relief of regular bail after his earlier attempt for the same relief was rejected by this Court vide order dated 25.08.2022 passed in Cr. Misc. No.30783 of 2022 preferred by this petitioner and now the petitioner has come again for the same relief on the ground of his custody period.

4.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.21075 of 2023(7) dt.02-08-2023 2/3 petitioner that the petitioner has been languishing in jail since 13.01.2022 and till today his trial has not started while petitioner has been chargesheeted a long time back. Further submission is that the petitioner has fair and clean antecedent and a family dispute in between both the parties is stated to be the genesis of this occurrence.

5.

Learned APP appearing for the State opposes the bail prayer.

6.

Heard both the sides and perused the report of the trial Court sent in respect of petitioner's trial status which goes to show that the petitioner's trial has not been started till date and his case is running for framing of charge. Though against the petitioner there is serious allegation but considering his custody period which has been about one year and seven months, in the opinion of this Court the petitioner now deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be released on bail after framing of charge in connection with Dariyapur P.S. Case No.28 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

7.

The trial Court is directed to frame the

Patna High Court CR. MISC. No.21075 of 2023(7) dt.02-08-2023 3/3 charge upon the petitioner at the earliest, as per procedure of law.

(Shailendra Singh, J) sangam/- U T