Abhay Kumar @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32709 of 2022 Arising Out of PS. Case No.-273 Year-2020 Thana- BUXAR District- Buxar ====================================================== ABHAY KUMAR @ AKASH KUMAR SON OF DEVANAND JHA RESIDENT OF VILLAGE- BHORHA MATH (ROSI SARTUDDINPUR), P.S.- BOCHCHAN, DISTRICT- MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-07-2022 Heard Mr. Bachan Jee Ojha, learned counsel for the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Buxar (T) P.S. Case No. 273 of 2022 registered for the offences punishable under Sections 363, 364-A and 120-B of the Indian Penal Code.

This is third attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier on two occasions the bail application of the petitioner were rejected by this Court vide orders dated 29.04.2021 and 22.12.2021 passed in Cr. Misc. 40362 of 2020 and 70624 of 2021 respectively, and by virtue of last order, the petitioner was given liberty to renew his prayer

Patna High Court CR. MISC. No.32709 of 2022(3) dt.27-07-2022 2/3 for grant of regular bail after five months.. Learned counsel for the petitioner submits that petitioner is in custody since 1.7.2020 having no criminal antecedent. He further submits that the petitioner is aged about 19 years and he has been implicated in this case at the behest of other co-accused persons. The victim boy has already been recovered.

This Court vide order dated 29.06.2022 had called for a report from the trial court regarding stage of trial and in pursuance thereof, the report of learned Additional District & Sessions Judge-IX, Buxar, dated 2.7.2022 is on record and from perusal of the same, it appears that none of the prosecution witnesses has been examined.

Having regard to submission made by the parties and taking into consideration the the fact that this is third attempt for grant of bail on behalf of the petitioner, the petitioner is in custody since 1.7.2020 having no criminal antecedent and the trial has not registered any substantial progress, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.32709 of 2022(3) dt.27-07-2022 3/3 the satisfaction of learned A.D.J.-IX, Buxar, in connection with Buxar (T) P.S. Case No. 273 of 2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T