Patna High CourtCR. MISC./35060/2021bail granted

Prabhash Kumar v. The State Of Bihar

2021-11-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35060 of 2021 Arising Out of PS. Case No.-511 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== PRABHASH KUMAR S/O SIYA RAM YADAV R/o village- Satkodariya, P.S.- K. Nagar (Maranga), District- Purnea ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Senior Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-11-2021 Heard learned Senior Counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail arises out of Krityanand Nagar (Maranga) P.S. Case No. 511 of 2019, registered for the offence punishable under Sections 324, 307, 385, 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner had earlier approached this Court seeking grant of regular bail, which was rejected by an order dated 12.10.2020 passed in Cr. Misc. No. 20154 of 2020, taking into account various circumstances, seriousness of the offence and the fact that the case diary indicated the petitioner being a member of an organized gang of criminals led by co-accused

Patna High Court CR. MISC. No.35060 of 2021(7) dt.24-11-2021 2/2 Sunil Kumar Yadav.

Mr. Krishna Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner has submitted that till date, the case has not even been committed for trial. The petitioner is said to have remained in custody since 01.01.2020. There is statement made in paragraph 3 of the application that the petitioner has no criminal antecedent.

Considering the circumstance that even after the petitioner having remained in custody for nearly two years and the trial has not begun, 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 C.J.M., Purnia, in Krityanand Nagar (Maranga) P.S. Case No. 511 of 2019.

(Chakradhari Sharan Singh, J) Pawan/- U T