Binod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45211 of 2024 Arising Out of PS. Case No.-222 Year-2022 Thana- BANIAPUR District- Saran ====================================================== Binod Singh Son of Sri Harimohan Singh R/O Village- Pandeypur, P.S.- Baniyapur, Dist.- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2024 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 Baniyapur P.S. Case No. 222 of 2022 instituted for the offence u/s 302/34 of the Indian Penal Code.

Earlier the application for regular bail of the petitioner was rejected by order dated 01.08.2023 passed in Cr. Misc. No. 15958 of 2023 with an observation to learned trial court to expedite the trial and conclude the same within nine months, failing which the petitioner will be at liberty to renew his prayer for bail.

Allegation against the petitioner along with

Patna High Court CR. MISC. No.45211 of 2024(2) dt.05-07-2024 2/3 others is of assaulting the grandfather of the informant leading to his death.

Learned counsel for the petitioner submits via supplementary affidavit that out of eight charge-sheet witnesses only three witnesses have been examined, who are family members of the informant. It is further submitted that after observation of this Court, informant has been examined and on 24.08.2023, a petition u/s 319 of the Cr.P.C. has been filed by the prosecution for summoning the rest of the accused persons and on 15.12.2023, learned trial Court directed to issue summons against the co-accused persons.

Petitioner is languishing in judicial custody since 14.07.2022 and there is no hope to conclude the trial in near future.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.

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

Patna High Court CR. MISC. No.45211 of 2024(2) dt.05-07-2024 3/3 petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Baniyapur P.S. Case No. 222 of 2022 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 IX, Saran, Chapra.

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