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Patna High CourtCR. MISC./35157/2021bail granted

Chandan Kumar @ Mukhiya v. The State Of Bihar

2021-07-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35157 of 2021 Arising Out of PS. Case No.-233 Year-2019 Thana- KANKARBAG DistrictPatna ====================================================== Chandan Kumar @ Mukhiya Son of Narendra Kumar @ Navendu Kumar Resident of Village - Bari Att, P.S.- Ben, District - Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ganesh Sharma, Advocate For the State :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. This is the third attempt on behalf of the petitioner, who is in custody since 24.01.2020 and has renewed his prayer for bail in connection with Sessions Trial No. 09 of 2021 arising out of Kankarbagh P.S. Case No. 233 of 2019 for the offences alleged under Sections 395 and 397 of the Indian Penal Code, having twice been rejected by orders dated 29.06.2020 and 25.01.2021 in Cr. Misc. No. 21134 of 2020 and Cr. Misc. No. 2210

Patna High Court CR. MISC. No.35157 of 2021(2) dt.07-07-2021 2/2 of 2021, respectively.

3. It is submitted that while rejecting the earlier bail petition, this Court had granted liberty to the petitioner to renew his prayer for bail after framing of charge. It is stated that charge has since been framed.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 24.01.2020 and that charge has now been framed, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II, Patna/Successor Court in connection with Sessions Trial No. 09 of 2021 arising out of Kankarbagh P.S. Case No. 233 of 2019, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T