Muktinath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19884 of 2022 Arising Out of PS. Case No.-300 Year-2020 Thana- SIWAN CITY District- Siwan ====================================================== MUKTINATH SHARMA S/o Late Ramjee Sharma Resident of Barhan Gopal, P.S.- Muffasil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2022 Heard both sides.

Petitioner has renewed his prayer for bail in connection with Nagar PS Case No. 300 of 2020 registered for the offence under Sections 25 (1-b)a , 26 (2) / 35 of the Arms Act in view of the observation given by this Court earlier in its order dated 10.03.2021 passed in Cr. Misc. No. 1654 / 2021 by which the bail application was rejected with observation that petitioner may renew his prayer for bail after one year if the trial does not show any progress.

Learned counsel for the petitioner submits that petitioner is in custody since 05.08.2020 and trial has not registered any substantial progress.

This court vide its order dated 20/04/2022 has called for a report regarding stage of the trial and in pursuance thereof

Patna High Court CR. MISC. No.19884 of 2022(3) dt.18-05-2022 2/2 learned 11th Addl. District and Sessions Judge, Siwan has furnished the report vide letter no. 233 dated 07/05/2022 and from perusal of the same it appears that the case was fixed for framing of charge upon the petitioner and others, however, two accused persons namely, Bablu Sharma and Anshu Kumar filed discharge petition.

Regard being had to the submissions made by the parties, taking into consideration the observation of this Court , the fact that petitioner is in custody since 05/08/2020 and this is 2nd attempt for grant of bail on behalf of the petitioner, as such, I am inclined to grant regular bail to the petitioner after framing of charge.

Let the petitioner, above named, be released on regular bail after framing of charge on furnishing bail bond of Rs. 25000/- (twenty five thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town PS Case No. 300 / 2020.

(Anil Kumar Sinha, J) praful/- U T