Patna High CourtCR. MISC./30752/2024bail granted

Rakesh Pandey v. The State Of Bihar

2024-05-10Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30752 of 2024 Arising Out of PS. Case No.-86 Year-2020 Thana- BARUN District- Aurangabad ====================================================== Rakesh Pandey Son of Anugrah Pandey @ Anugarh Pandey Resident of Village- Paharpur, Police Station- Barun, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. Earlier regular bail petition of the petitioner was rejected by this Court vide order dated 01.12.2023 in Cr. Misc. No. 68928 of 2023. It was observed that if the trial is not concluded within a period of three months, the petitioner shall entitle to renew his prayer for bail before the court below itself.

3. Learned counsel for the petitioner has submitted that after rejection of bail of the petitioner, five witnesses were examined including the informant and his two sons. In their depositions, they did not made allegation against the petitioner. He has further submitted that petitioner was friend of the deceased. It has only figured in the statement of the witnesses that on the day of occurrence, the petitioner had telephonic

Patna High Court CR. MISC. No.30752 of 2024(2) dt.10-05-2024 2/2 conversation to the deceased. No any incriminating circumstances appeared in the evidences of the witnesses including the informant against the petitioner. 4.

Considering the above-mentioned facts and circumstances and also considering that the trial has not been concluded within the stipulated period, let the petitioner abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Aurangabad in connection with Sessions Trial No. 280 of 2023, 695/2024 arising out of Barun P.S. Case No. 86 of 2020 subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date till conclusion of the trial.

(Nawneet Kumar Pandey, J) Nirmal/- U T