Raja Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35641 of 2020 Arising Out of PS. Case No.-226 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJA SAHNI S/o Mahesh Sahani R/o village- Lohiya Nagar, Ward No. 28, Panhas, P.S.- Nagar, District- Begusarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhubneshwar Prasad :
Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-07-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Begusarai Muffasil P.S. Case No. 226 of 2017 registered for the offences punishable under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner is in custody since 06.07.2017. His prayer for regular bail was earlier rejected by an order dated 04.12.2019 passed in Cr. Misc. No. 57220 of 2019 with an observation that the petitioner shall be at liberty to renew his
Patna High Court CR. MISC. No.35641 of 2020(7) dt.28-07-2021 2/2 prayer for bail after six months, if there was no substantial progress at the trial, keeping in mind the fact that the petitioner had remained in custody for nearly two and a half years. This Court, while rejecting the petitioner's prayer for regular bail, had noticed his criminal antecedent, which can be seen from the order dated 04.12.2019 passed in Cr. Misc. No. 57220 of 2019. Learned counsel for the petitioner has argued that till date even charge has not been framed and there is absolutely no progress at the trial.
Considering the period of custody which the petitioner has remained in and in the light of the observation of this Court dated 04.12.2019 passed in Cr. Misc. 57220 of 2019, this application is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Begusarai in connection with Begusarai Muffasil P.S. Case No. 226 of 2017. (Chakradhari Sharan Singh, J) AKASH/- U T