Prabhat Chaudhary @ Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34881 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Prabhat Chaudhary @ Prabhat Kumar Son Of Sanjay Chaudhary Resident Of Village - Nima Chakhaidar, P.S. - Chakmehsi, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Thakur For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the state.

2. The instance application for regular bail has been filed by the petitioner in connection with Kalyanpur P.S. Case No. 149 of 2023 instituted for the offence u/s 414, 420, 467, 468, 471 and 34 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. Earlier the application for regular bail of the petitioner was rejected by this Court vide order dated 22.01.2024 passed in Cr. Misc. No. 64250 of 2023.

4. In pursuance to the direction of this Court, a report with regard to the present stage of trial was called for and the same has been received dated 10.06.2024 by which, it appears that the charge has not been framed as yet and one year time

Patna High Court CR. MISC. No.34881 of 2024(3) dt.02-07-2024 2/2 will be taken to conclude the trial.

5. It is submitted by learned counsel for the petitioner that there is no hope to conclude the trial in near future and the petitioner is languishing in judicial custody since 18.05.2023.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Kalyanpur P.S. Case No. 149 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class-cum-Additional Munsif, Samastipur.

(Sunil Kumar Panwar, J) Shubham/- U T