Sattan Mahton @ Satto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36243 of 2024 Arising Out of PS. Case No.-272 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== Sattan Mahton @ Satto Son of Late Upendra Mahto Resident of village - Sonbarsha Raj (Bhasti Bind Toli), P.S.- Kashnagar Sonvarsha, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is renewed by the petitioner for regular bail which has been filed in connection with Choutham P.S. Case No. 272 of 2019 instituted for the offence u/s 395 of the Indian Penal Code.

Earlier the application for regular bail of the petitioner was twice rejected by order dated 23.11.2020 and 02.12.2023 passed in Cr. Misc. No. 25844 of 2020 and 57380 of 2023 respectively. In Cr. Misc No. 57380

Patna High Court CR. MISC. No.36243 of 2024(3) dt.25-06-2024 2/3 of 2023, it was an observation to learned trial Court to conclude the trial within stipulated period of time ie. 4 months (as mentioned in the report dated 13.09.2023, of learned Additional Sessions Judge V, Khagaria), failing which, the petitioner will be at liberty to renew his prayer for bail.

The informant lodged the instant case against unknown miscreants for looting his TVS Victor motorcycle bearing Reg. No. BR-34K-4960 and mobile phones.

In pursuance to the direction of this Court, a report regarding present status of trial has been received, which has been kept at flag 'R', from perusal of which it appears that the case is pending for recording the prosecution evidence. In this case one witness has been examined out of total five witnesses. There is no hope to conclude the trial in near future.

In spite of direction of this Court, the trial has not been concluded till now.

Patna High Court CR. MISC. No.36243 of 2024(3) dt.25-06-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Choutham P.S. Case No. 272 of 2019 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 V, Khagaria.

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