Patna High CourtCR. MISC./41519/2023bail granted

Ram Babu Choudhary v. The State Of Bihar

2023-07-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41519 of 2023 Arising Out of PS. Case No.-559 Year-2017 Thana- KADAMKUAN District- Patna ====================================================== Ram Babu Choudhary S/O Late Baijnath Choudhary Resident Of Village Parbatta, Ps Hathauri, District Samastipur, At Present Residing At Mohalla Mahammadpur, (Mahendra), Ps Sultanganj, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2.Let the defect(s), if any, be removed within a period of four weeks from today.

3.The petitioner seeks bail in connection with S.T. No. 351/2018 arising out of Kadamkuan P.S. Case No. 559 of 2017 registered for the offence under Sections 302 of the Indian Penal Code.

4.As per the prosecution case, the petitioner is the only accused and assailant of the deceased.

5.Learned counsel for the petitioner submits that the trial is being delayed by the prosecution and only two witnesses have been examined out of seven.

Patna High Court CR. MISC. No.41519 of 2023(2) dt.14-07-2023 2/2 6.Learned counsel for the petitioner further submits that the petitioner is in custody since 08.12.2017 and he is quite innocent and has committed no offence.

7.Learned A.P.P. has vehemently opposed the prayer for bail.

8.Considering the period of custody, this application for regular bail is allowed.

9.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 Addl. Sessions Judge-VIII, Patna/concerned Court below in connection with S.T. No. 351/2018 arising out of Kadamkuan P.S. Case No. 559 of 2017 subject to the condition:- (I) One of the bailor should be close relative of the petitioner.

(Sandeep Kumar, J) Shishir/- U T