Golden Singh @ Sushil Kumar @ Sushil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68085 of 2021 Arising Out of PS. Case No.-118 Year-2019 Thana- AKHODHIGOLA District- Rohtas ====================================================== GOLDEN SINGH @ SUSHIL KUMAR @ SUSHIL SINGH S/o Late Basant Singh Resident of Village- Gangauli, P.S.- Dalmianagar, District- Rohtas at Sasaram.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Senior Advocate Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-01-2022 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 Akodhigola P.S. Case No. 118 of 2019, registered for the offence punishable under Section 394/302 to which Section 396 of the Indian Penal Code and Section 27 of the Arms Act have been added later on.
The petitioner is in custody since 10.02.2020. The First Information Report was registered against unknown. The petitioner's name emerged on the basis of confessional
Patna High Court CR. MISC. No.68085 of 2021(3) dt.12-01-2022 2/3 statement of a co-accused recorded by the police during the course of investigation.
The petitioner's prayer for regular bail was earlier rejected by this Court by an order dated 12.10.2020 passed in Cr. Misc. No. 21363 of 2020.
Mr. Krishna Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner has argued that in similar circumstance, another co-accused, namely, Dilip Gupta, has been allowed regular bail by this Court by an order dated 21.10.2021 passed in Cr. Misc. No. 2220 of 2021. He has further submitted that there is no progress at the trial and there is no likelihood of conclusion of trial in near future. In compliance of the Court's order seeking report from the Court below, a report has been received, from which it transpires that till date the prosecution has not produced any witness in support of the case of the prosecution. Considering the fact and circumstances and the submissions advanced on behalf of the petitioner, 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
Patna High Court CR. MISC. No.68085 of 2021(3) dt.12-01-2022 3/3 learned J.M.-1st Class, Dehri, Rohtas, in Akodhigola P.S. Case No. 118 of 2019.
(Chakradhari Sharan Singh, J) Pawan/- U T