Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41973 of 2024 Arising Out of PS. Case No.-412 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Gaurav Kumar S/O Ram Keshwar Singh R/O Village- Panshalla, P.SBegusarai Muffasil (Lakho O.P), Distt.- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the state.

2. The instance application for regular bail has been filed by the petitioner in connection with Begusarai Muffasil P.S. Case No. 412 of 2022 instituted for the offence u/s 147, 341, 323, 307, 504, 506 of the Indian Penal Code and sections 27 of the Arms Act.

3. Earlier the application for regular bail of the petitioner was rejected by this Court vide order dated 2.8.2023 passed in Cr. Misc. No. 15789 of 2023 with a direction to expedite and conclude the trial within nine months.

4. In pursuance to the direction of this Court, a report dt. 28.6.2024 with regard to the present stage of trial has been

Patna High Court CR. MISC. No.41973 of 2024(3) dt.26-07-2024 2/3 received by which it appears out of seven witnesses, only four has been examined and trial is likely to be concluded within four-six months.

5. It is submitted by learned counsel for the petitioner that despite the direction of this court, the trial has not been concluded as yet and there is no hope to conclude the trial in near future. The petitioner is languishing in judicial custody since 25.10.2022.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody 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 Begusarai Muffasil P.S. Case No. 412 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 Chief Judicial Magistrate, Begusarai 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 shall be cancelled by the Court below.

(ii) In case, the petitioner repeats offence of similar

Patna High Court CR. MISC. No.41973 of 2024(3) dt.26-07-2024 3/3 nature after enlargement on bail, his bail bonds will be cancelled by the Court below.

(iii) In case, the petitioner threatens the witnesses or temper with the evidence, his bail bonds shall be cancelled by the Court below.

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