Patna High CourtCR. MISC./51152/2021bail granted

Prem Kumar @ Prem Rai @ Prem Yadav v. The State Of Bihar

2021-09-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51152 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- KHAGAUL District- Patna ====================================================== PREM KUMAR @ PREM RAI @ PREM YADAV Son of Sri Ram Pravesh Yadav Resident of Village- Choti Badalpura, Talabpar, P.S.- Khagaul, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar :

Mr.Anil Kumar Sinha For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-09-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Khagaul P.S. Case No. 57 of 2020 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner's prayer for regular bail was earlier rejected by an order of this Court dated 20.02.2021 passed in Cr. Misc. No. 33143 of 2020 with an observation that if the charge was not framed within six months from the said date, he shall be

Patna High Court CR. MISC. No.51152 of 2021(2) dt.15-09-2021 2/2 at liberty to renew his prayer for bail. Accordingly, this application has been made renewing his prayer of bail. Learned counsel appearing on behalf of the petitioner has submitted that till date even the police papers have not been supplied to the petitioner, let alone framing of charge. He has further submitted that the petitioner has remained in custody for nearly one and a half years. Considering the aforementioned contention and particularly the submission that till date charge has not been framed, in the light of the observation made in the order dated 20.02.2021 passed in Cr. Misc. No. 33143 of 2020, a case for grant of regular bail is made out.

This application is allowed.

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 the learned A.C.J.M.-V, Danapur, District Patna in Khagaul P.S. Case No. 57 of 2020.

(Chakradhari Sharan Singh, J) AKASH/- U T