Patna High CourtCR. MISC./38572/2024allowed

Hare Krishna Kumar @ Dhibari v. The State Of Bihar

2024-07-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38572 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Hare Krishna Kumar @ Dhibari Son of Satyanarayan Pandey R/o Village - Shamsher Nagar, P.S.- Daudnagar, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar 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, learned counsel for the informant and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 325, 326, 307, 302 of the Indian Penal Code and section 27 of the Arms Act which was earlier twice rejected vide order dated 5.10.2023 and 12.1.2024 passed in Cr. Misc. No. 80475/2023 and Cr. Misc. No. 80475/2023 respectively. By order dated 12.1.2024, trial court was directed to conclude the trial within a period of four months failing which petitioner will be at liberty to renew his prayer for bail.

3. In compliance of order dated 17.5.2024, a progress report dated 21.5.2024 sent by Addl. Distt. & Sessions Judge-II,

Patna High Court CR. MISC. No.38572 of 2024(3) dt.02-07-2024 2/2 Aurangabad has been received which suggests that still the case is pending and prosecution is not showing interest in production of the witnesses. In this situation the period of disposal of the case can't be estimated.

5. Learned counsel for the petitioner submits that there is no hope to conclude the trial in near future. He further submits that petitioner has no criminal antecedent and languishing in judicial custody since 24.5.2023.

6. Learned APP appearing for the State and learned counsel for the informant have opposed the prayer of Bail.

7. Having heard learned counsel for the parties and considering the period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Aurangabad in connection with Daudnagar P.S. Case No. 249 of 2023.

(Sunil Kumar Panwar, J) sushma/- U