Md. Ritik @ Chaunilal @ Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45525 of 2024 Arising Out of PS. Case No.-414 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Md. Ritik @ Chaunilal @ Faiyaz Son of Kaimuddin @ Kyamuddin @ Mahfooz R/O Mohalla- Raza Bazar, Samanpura, P.S.- Shastri Nagar, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with S. Tr. No. 1383 of 2022 arising out of Shastrinagar P.S. Case No. 414 of 2022 registered for the offence punishable under Section-302/34 of the Indian Penal Code.

3. Earlier prayer for bail of the petitioner was twice rejected by orders dated 05-05-2023 and 01-12-2023 passed in Cr. Misc. No. 2959 of 2023 and 63695 of 2023 respectively.

4. While rejecting bail application of the petitioner vide order dated 01-12-2023 passed in Cr. Misc. No. 63695 of 2023, this court had observed that if the trial is not concluded within a period of six months, the petitioner may renew his

Patna High Court CR. MISC. No.45525 of 2024(3) dt.23-08-2024 2/3 prayer for bail.

5. By order dated 23-07-2024, the depositions of witnesses were called for.

6. Learned counsel for the petitioner has submitted that uptill now, only four prosecution witnesses have been examined whereas there are 6-7 witnesses in the charge sheet. Further submission is that the petitioner is not named in the FIR and the case of the petitioner is on better footing to that of coaccused persons who have been granted bail by different benches of this court.

5. Mr. Shailendra Kumar, Learned counsel appearing for the State has opposed the prayer for bail.

5. Considering the aforesaid facts and circumstances, let the petitioner named above, 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-XI, Patna in connection with S. Tr. No. 1383 of 2022 arising out of Shastrinagar P.S. Case No. 414 of 2022 subject to the following conditions:

(i) The petitioner shall cooperate with the trial and make himself available as and when required by the court. (ii) The petitioner will appear in the court below on

Patna High Court CR. MISC. No.45525 of 2024(3) dt.23-08-2024 3/3 each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the learned court below shall be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) A.K.V.//- U T