Patna High CourtCR. MISC./31705/2021bail granted

Murari Kumar @ Raja Kumar @ Chintu v. The State Of Bihar

2021-08-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31705 of 2021 Arising Out of PS. Case No.-16 Year-2019 Thana- BARHIYA District- Lakhisarai ====================================================== MURARI KUMAR @ RAJA KUMAR @ CHINTU Son of Chadramauli Singh @ Chandra Mauleshwar Singh Resident of Village - Jaitpur, Police station - Barahiya, District - Lakhisarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-08-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Barahiya P.S. Case No. 16 of 2019, disclosing offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is in custody since 03.08.2019. His prayer for regular bail was earlier rejected by an order dated 05.06.2020 passed in Cr. Misc. No. 920 of 2020. From the said order dated 05.06.2020 passed in Cr. Misc. No. 920 of 2020, it is evident that the petitioner was not named in the First Information Report and his name surfaced during the course of investigation and he is said to have accepted his involvement in commission of the offence before the police, during the course of investigation.

Noticing the petitioner's criminal antecedent and the

Patna High Court CR. MISC. No.31705 of 2021(2) dt.04-08-2021 2/2 seriousness of the offence, this Court had earlier rejected the prayer for regular bail.

Learned counsel for the petitioner has submitted that there is no substantial progress at the trial, though trial has commenced. Considering the facts and circumstances, this application is allowed.

Let the petitioner above-named 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 the learned Chief Judicial Magistrate, Lakhisarai in Barahiya P.S. Case No. 16 of 2019. It is, however, directed that the petitioner shall be obliged to present himself before the Court below on each and every date as required for the purpose of the said trial and if he fails to appear, the Court below shall be required to cancel his bail bonds furnished by the petitioner by virtue of the present order.

(Chakradhari Sharan Singh, J) arun/- U