Mintu Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41208 of 2021 Arising Out of PS. Case No.-340 Year-2016 Thana- CHAPRA TOWN District- Saran ====================================================== MINTU GIRI, S/o Late Badri Narayan Giri R/o Village/Mohalla- Arya Nagar, Giri Tola, P.O.-Sahebganj, P.S.-Chapra Town, District-Saran at Chapra (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sarva Deo Singh, Advocate For the informant :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 22.07.2021, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chapra Town P.S. Case No. 340 of 2016, registered under Sections 147, 148, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing for the petitioner submits that submits that the prayer for bail of the petitioner has been refused thrice, on merit, lastly on 05.10.2020 passed

Patna High Court CR. MISC. No.41208 of 2021(2) dt.25-08-2021 2/2 in Criminal Miscellaneous No. 18822 of 2020 with observation that if the trial of the petitioner is not concluded within eight months, the petitioner would be at liberty to renew his prayer for bail. However, more than eight months has been elapsed, but the trial of the petitioner has not been completed as yet.

Learned counsel appearing on behalf of informant submits that out of 10 witnesses, 06 witnesses have already been examined and now prosecution evidence is to be closed. He further submits that before passing of order dated 05.10.2020, a petition was filed on behalf of petitioner to recall the I.O, which is pending for disposal. Having regard to the facts and the circumstances of the case and observation made on 05.10.2020 passed in Criminal Miscellaneous No. 18822 of 2020, the petitioner, above named, is directed to be released on bail 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 A.D.J-XII, Saran at Chapra in connection with Chapra Town P.S. Case No. 340 of 2016.

(Rajendra Kumar Mishra, J) manish/- U T