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Patna High CourtCR. MISC./31371/2024allowed

Ajit Singh v. The State Of Bihar

2024-07-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31371 of 2024 Arising Out of PS. Case No.-25 Year-2020 Thana- IMADPUR District- Bhojpur ====================================================== Ajit Singh S/o Mahabir Singh R/o vill - West English, P.S. - Imadpur, Distt. - Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Malti Kumari, Adv.

For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence punishable u/s 341, 323, 324, 325, 307, 506, 504/34 of the IPC and later on section 302 IPC was added. 3.

Earlier, thrice, the prayer for bail of this petitioner was rejected by this Court vide order dated 23.09.2021 passed in Cr. Misc. No.13300 of 2021, dated 30.03.2022 passed in Cr. Misc. No.11134 of 2022 and dated 04.01.2023 passed in Cr. Misc. No.71773 of 2022.

4.

The petitioner has now filed this application for bail and by order dated 26.04.2024, a report regarding the stage of trial was called for.

5.

In compliance thereof, a report dated 10.05.2024, kept at

Patna High Court CR. MISC. No.31371 of 2024(4) dt.12-07-2024 2/3 Flag 'A' has been sent by the Additional District and Sessions Judge Xth, Bhojpur, Ara, whereby, he has stated that the case is pending in the Court at the stage of prosecution evidence and there are eleven witnesses mentioned in the charge-sheet, out of which six witnesses have been examined.

6.

Learned counsel for the petitioner submits that the petitioner is in custody since 30.06.2020 and there is no likelihood of the trial to be concluded in the near future. He therefore, prays for grant of bail to the petitioner. 7.

Considering the submissions made, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Imadpur P.S. Case No.25 of 2020 (G.R. No.2016/20), subject to the following conditions: (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in

Patna High Court CR. MISC. No.31371 of 2024(4) dt.12-07-2024 3/3 any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) pallavi/- U T