Prabhat Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26519 of 2025 Arising Out of PS. Case No.-760 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Prabhat Kumar @ Sonu S/O Late Rajkumar Das R/O village- Chakwaladhari Bishnupur Baladhari, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Hajipur Sadar P.S. Case No. 760 of 2023, instituted for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner has renewed his prayer for grant of regular bail which was rejected by this Court on merit vide order dated vide order dated 21.09.2024 passed in Cr. Misc. No. 50373 of 2024 with a liberty to the petitioner to renew his prayer for bail if the trial is not concluded within a period of six months from the date of the order.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26519 of 2025(2) dt.25-04-2025 2/3 petitioner is in custody since 11.12.2023 in connection with the present case. He further submits that from the impugned order, it appears that the charge has been framed on 04.04.2025 under Sections 302/34, 201/34 of the I.P.C. and Section 27 of the Arms Act. Learned counsel for the petitioner further submits that till date, not a single witness has been examined and there is no likelihood of conclusion of trial in near future.

5. Learned counsel for the State has vehemently opposed the prayer for bail of the petitioner, stating that the prayer for bail of the petitioner has already been rejected by this Court on merit.

6. Having heard learned counsel for the parties and taking into account the period of custody undergone by the petitioner as also the fact that there is no likelihood of conclusion of the trial in near future, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 760 of 2023, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

Patna High Court CR. MISC. No.26519 of 2025(2) dt.25-04-2025 3/3 (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T