Patna High CourtCR. MISC./34248/2024bail granted

Shankar Kumar v. The State Of Bihar

2024-06-28Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34248 of 2024 Arising Out of PS. Case No.-4 Year-2021 Thana- UPHARA District- Aurangabad ====================================================== Shankar Kumar son of Rajdeo Mistri Resident of Village- Uphara, P.S.- Uphara, Dist.- Aurangabad, PIN-824203 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no. 71 of 2022/701 of 2024 (arising out of Uphara P.S. Case no. 4 of 2021) registered under sections 307, 363, 365, 458 and 323 of the Indian Penal Code to which sections 302 and 34 of the Indian Penal Code were added subsequently.

3. As per the prosecution case, the informant states that on waking up in the morning, he found his mother in an unconscious and injured state and his sister's son (bhagina) was missing.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.34248 of 2024(3) dt.28-06-2024 2/3 earlier prayer for bail was rejected vide order dated 12.1.2023 passed in Cr. Misc. no. 23606 of 2022. It is submitted that no incriminating article was recovered from petitioner's possession. Inspite of the petitioner being in custody since 13.11.2021, not having any criminal antecedent and cooperating in the trial, there is no progress in the trial what-so-ever.

5. The application for bail is opposed by learned APP for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 18.5.2024 out of eleven charge-sheet witnesses, only two witnesses have been examined on behalf of the prosecution, the last being on 23.8.2022. Inspite of issuance of bailable warrants of arrest and repeated directions, no witness is being produced by the prosecution.

7. Having heard learned counsel for the parties and having perused the material on record, taking into consideration the petitioner having remained in custody since 13.11.2021 and no witness being produced on behalf of the prosecution since 23.8.2022 inspite of issuance of bailable warrant, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 71 of 2022/701 of 2024 (arising out of Uphara P.S.

Patna High Court CR. MISC. No.34248 of 2024(3) dt.28-06-2024 3/3 Case no. 4 of 2021), on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge- III, Aurangabad.

(Partha Sarthy, J) Harsh/- U T