Mohan Singh @ Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39305 of 2021 Arising Out of PS. Case No.-126 Year-2013 Thana- RAMGARHWA District- East Champaran ====================================================== MOHAN SINGH @ MOHAN KUMAR Son of Late Sheopujan Singh @ Late Shivpujan Singh Resident of Village- Sinhashni, P.S.- Ramgarhwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P For the informant :

Mr.Dhananjay Kumar No.2, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-09-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with S.Tr. No. 356 of 2016 arising out of Ramgarhwa P.S. Case No. 126 of 2013 for the offence under Sections 147, 148, 149, 341, 323, 307, 380, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 26.12.2020 passed in Cr. Misc. No. 24928 of 2020.

Learned counsel for the petitioner submits that the petitioner is rotting in judicial custody since 13.02.2020 i.e.

Patna High Court CR. MISC. No.39305 of 2021(4) dt.08-09-2021 2/2 one and half years and there is no substantial progress in the trial. On the ground of custody, the petitioner has renewed his prayer for bail.

A report was called for and the same has been received. From perusal of the same, it appears that out of ten witnesses, two have been examined and the case is fixed for examination of rest witnesses.

Learned A.P.P. for the State does not dispute the factual position of the stage of the trial.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Motihari, East Champaran in connection with S.T. No. 356 of 2016 arising out of Ramgarhwa P.S. Case No. 126 of 2013.

brajesh/- (Arvind Srivastava, J) U T