Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29414 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== ABHISHEK KUMAR S/o Late Ganesh Prasad R/o Mohalla- Chandpur Bela, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Adv.

Mr. Arvind Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner has renewed his prayer for bail in connection with a case registered under sections 304B and 34 of the Indian Penal Code.

It is submitted by learned senior counsel appearing for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 16.5. 2022 (Annexure-1) passed in Cr. Misc. no.62006 of 2021 giving liberty to the petitioner to renew his prayer for bail after framing of charge. Referring to the order at page no.31 to the petition, it is submitted that charge has been framed against the petitioner on 14.2.2022 under section 304B/34 of the Indian Penal Code. The petitioner is in custody since 1.3.2021 and has no criminal antecedent. He undertakes to cooperate in the trial.

Patna High Court CR. MISC. No.29414 of 2022(2) dt.06-07-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the liberty granted by the aforesaid order of rejection dated 16.5.2022 (Annexure-1), charge having been framed in the learned court below on 14.2.2022 and the petitioner having remained in custody for more than 1 year since 1.3.2021, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.27 of 2022 (arising out of Jakkanpur P.S. Case no.107 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 Sessions Judge XVIII, Patna.

It is further directed that the petitioner shall cooperate in the trial and shall remain properly represented on each date of the trial. In case the learned trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Saurabh/- U T