Patna High CourtCR. MISC./26729/2024bail granted

Arban Mukhiya v. The State Of Bihar

2024-06-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26729 of 2024 Arising Out of PS. Case No.-51 Year-2022 Thana- BITHAN District- Samastipur ====================================================== Arban Mukhiya Son of Balo Mukhiya @ Bala Mukhiya Resident of Vill.- Belahi, P.S.-Bithan, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate Mr. Shishir Kumar Shishir, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the Petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with S.T. Case No. 486 of 2022, arising out of Bithan P.S. Case No. 51 of 2022 dated 04.04.2022 registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code and chargesheet has been submitted under Section 302 read with Section 34 of the Indian Penal Code.

3. Mr. Binod Kumar Sinha, learned counsel appearing for the petitioner submits that this is the second attempt of the petitioner to get the relief of regular bail and his last bail petition bearing Cr. Misc. No. 75056 of 2022 was rejected by this Bench vide order dated 08.05.2023 with giving him a liberty to renew his prayer for bail after one year, if any significant progress is

Patna High Court CR. MISC. No.26729 of 2024(2) dt.28-06-2024 2/2 not made in his trial by the trial court and in the light of said liberty, the petitioner has again come before this Bench for the same relief as upon the petitioner chargesheet has been submitted on 19.08.2022 but till date only one witness has been examined by the prosecution. Learned counsel further submits that the petitioner has been languishing in jail since 27.05.2022 having no criminal antecedent.

4. Mr. Ganesh Prasad Singh, learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions and mainly taking into account petitioner's custody period as well as his clean antecedent and also the lingering attitude of the prosecution in producing and examining the prosecution witnesses, this Court is now inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with S.T. Case No. 486 of 2022 arising out of Bithan P.S. Case No. 51 of 2022.

(Shailendra Singh, J) maynaz/- U T