Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48826 of 2021 Arising Out of PS. Case No.-289 Year-2018 Thana- RAJGIR District- Nalanda ====================================================== CHANDAN KUMAR Son of Vinod Singh Resident of Village- Paparnausa, P.S.- Noorsarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in Rajgir P.S. Case No. 289 of 2018 for the offence initially registered under Section-365/34 of the Indian Penal Code and later on, Section-302 of the Indian Penal Code was also added.

Earlier prayer for bail of the petitioner was rejected taking into account that the vehicle, used in commission of the offence is said to have been recovered from the house of the petitioner. A report was called for from the trial court. It has been reported that till now, out of nine prosecution witnesses, only

Patna High Court CR. MISC. No.48826 of 2021(3) dt.15-12-2021 2/2 two prosecution witnesses have been examined and the trial is likely to be concluded within a period of one year. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-10-2018. He has remained in custody approximately for a period of more than three years. Except recovery of the vehicle, in question, there is no other direct or indirect evidence against the petitioner. There is no allegation of assault alleged against the petitioner nor there is any eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, 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 learned Additional Sessions Judge-II, Nalanda in connection with Sessions Trial No. 92 of 2020 arising out of Rajgir P.S. Case No. 289 of 2018.

(Sudhir Singh, J) A.K.V.//- U T