Santosh Kumar @ Santosh Kumar Gupta @Pathailia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3947 of 2021 Arising Out of PS. Case No.-626 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Santosh Kumar @ Santosh Kumar Gupta @ Pathailia, Son of late Bishu Gupta @ Bishu Sah, Resident of Village - Simariya Ghat, Bind Toli, P.S.- Chakiya, Distt.- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-08-2021 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. The petitioner has renewed his prayer for bail in connection with Begusarai Town P.S. Case No. 626 of 2018 registered under Sections 25(1-B)a and 26 of the Arms Act. His prayer for bail was earlier rejected by this Court vide order dated 23.05.2019 passed in Cr. Misc. No.30090 of 2019 with observation that if the trial is not concluded within four months, he would be at liberty to renew his prayer for bail. It is submitted by the learned counsel for the petitioner that though the petitioner is in custody since 12.10.2018, the trial has not commenced till date. He contended that by now the petitioner has remained in custody for over two years and there is no likelihood of the trial to be concluded in

Patna High Court CR. MISC. No.3947 of 2021(3) dt.11-08-2021 2/2 near future.

Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.

Be that as it may, considering the nature of the offence, the period of over two years undergone by the petitioner in custody and the unlikelihood of the trial to be concluded in near future, he is directed to be released on bail 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 Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No.626 of 2018.

(Ashwani Kumar Singh, J.) sanjeet/- U T