Patna High CourtCR. MISC./30736/2024bail granted

Sunil Kumar @ Sunil Mukhiya v. The State Of Bihar

2025-02-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30736 of 2024 Arising Out of PS. Case No.-316 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Sunil Kumar @ Sunil Mukhiya Son Of Baua Mukhiya Resident Of VillageBahadurpur, Ps- Alauli, Dist- Khagaria ... ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 147, 148, 149, 321, 325, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, all the FIR named 13 accused persons including the petitioner and 12 to 17 unknown accused persons assaulted the prosecution party with lathi, danda, rod and butt of rifle. In the meantime, petitioner fired upon Raj Kumar Mukhia with pistol as a result of which he sustained injury in his stomach. Accused persons entered the house of the informant and looted ornaments worth Rs. 30,000/- to 40,000/-.

4. Learned counsel appearing for the petitioner submits that the petitioner is in custody since 18.10.2021 in Dumka Town Police Station Case No. 258/2019 and he has been remanded in the present case on 30.9.2023. From perusal of the trial court report dated 7.1.2025 it reflects that the case was committed to the court of sessions on 9.1.2025 and the case is pending for framing of charge. Learned counsel submits that there is no chance of conclusion of the trial in near future and

Patna High Court CR. MISC. No.30736 of 2024(8) dt.14-02-2025 2/2 the petitioner is in custody for more than two years.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the progress of the trial and the period of custody of the petitioner, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged 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 Chief Judicial Magistrate, Khagaria in Alauli Police Station Case No. 316 of 2021.

(Prabhat Kumar Singh, J) Shashi U T