Patna High CourtCR. MISC./37891/2021allowed

Dharmendra Prasad v. The State Of Bihar

2021-08-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37891 of 2021 Arising Out of PS. Case No.-266 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== DHARMENDRA PRASAD Son of Krishna Prasad Resident of VillageShankarpur, P.S.- Bhagwanpur, District- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyanka Singh, Adv.

For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhagwanpur Hat P.S. Case No. 266 of 2018 for the offence under Sections 341, 323, 307, 34 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 22.11.2019 passed in Cr. Misc. No. 71009 of 2019. The petitioner is rotting in judicial custody since 03.03.2019 i.e. more than two and half years and there is no substantial progress in the trial.

A report was called for regarding the stage of the

Patna High Court CR. MISC. No.37891 of 2021(3) dt.25-08-2021 2/2 trial and the same has been received from the court below, which indicates that out of ten prosecution witnesses, only one witness has been examined due to pandemic and lockdown.

Learned A.P.P. for the State does not dispute the factual position of the stage of the trial as is evident from the report received from the court below.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned Additional Sessions Judge-VII, Siwan in connection with Bhagwanpur Hat P.S. Case No. 266 of 2018.

(Arvind Srivastava, J) brajesh/- U T