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Patna High CourtCR. MISC./39580/2024allowed

Chandan Singh @ Prince @ Chandan Kumar Singh @ Prince Kumar Singh v. The State Of Bihar

2024-07-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39580 of 2024 Arising Out of PS. Case No.-427 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Chandan Singh @ Prince @ Chandan Kumar Singh @ Prince Kumar Singh Son of Kedar Singh Resident of Village- Dahiyawan Tola, Tari Chapra, P.SChapra Muffasil, Dist- Saran , Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhyachal Singh, Adv.

Mr. Ram Binod Singh For the State :

Mr. Shailendra Kumar Singh, APP For the Informant/s :

Mr. Arun Kumar, Adv.

Mr. Dhananjay Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the state.

2. The instance application for regular bail has been filed by the petitioner in connection with Sessions Trial No. 308 of 2024 arising out of Chapra Muffasil P.S. Case No. 427 of 2022 instituted for the offence u/s 147, 148, 149, 323, 324, 326, 307, 302 of the Indian Penal Code and section 27 of the Arms Act.

3. Earlier the application for regular bail of the petitioner was rejected by this Court vide order dated 16.3.2023 in Cr. Misc. No. 65170 of 2022. Again, his prayer of bail was disposed off by this Court vide order dated 9.2.2024 in Cr. Misc.

Patna High Court CR. MISC. No.39580 of 2024(4) dt.09-07-2024 2/3 No. 85732 of 2023 with a direction to trial court to conclude the trial within a period of four months.

4. It is submitted by learned counsel on behalf of the petitioner that the despite the direction of this Court, the trial has not been concluded as yet. There is no hope to conclude the trial in near future. It is further submitted that the petitioner is languishing in judicial custody since 20.8.2022.

4. In pursuance to the direction of this Court, a report dt. 24.6.2024 with regard to the present stage of trial has been received by which it appears that the trial is likely to be concluded within nine months.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chapra Muffasil P.S. Case No. 427 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, V, Saran at Chapra with subject to following conditions: (i) the petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond

Patna High Court CR. MISC. No.39580 of 2024(4) dt.09-07-2024 3/3 shall be cancelled by the Court below.

(ii) In case, the petitioner tempers with the evidence or threatens the witnesses, his bail bonds will be cancelled by the Court below.

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