Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51591 of 2021 Arising Out of PS. Case No.-35 Year-2011 Thana- HASPURA District- Aurangabad ====================================================== SATYENDRA SINGH S/o Late Lal Babu Singh Resident of VillageHardayal Bigha (Gahana), P.S.- Haspura, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar No.6 For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2022 Heard both sides.

Petitioner seeks regular bail in connection with S.T. No. 2 of 2017 / 92 of 2021 arising out of Haspura PS Case No. 35 of 2011 registered for the offence under Sections 341, 323, 324, 307, 504 and 34 of the IPC , Section 27 of the Arms Act and Section 302 of the IPC was added subsequently. Petitioner is said to have opened fire on the brother of the informant due to which he sustained bullet injury in his abdomen and died.

Learned counsel for the petitioner submits that petitioner is in custody since 03-12-2015 and this is 5th attempt for bail by the petitioner.

This court by its order dated 15/04/2022 had called for a report regarding the stage of the trial and in pursuance thereof learned Addl. District & Sessions Judge VII, Aurangabad (Bihar) vide his letter no. 146 / 2022 dated 28-042022 has furnished the same and from perusal of the same it appears that out of 14 charge sheet witnesses only two witnesses

Patna High Court CR. MISC. No.51591 of 2021(3) dt.16-05-2022 2/2 have examined, rest twelve witnesses have not been been examined till date and the trial is not likely to be concluded in near future.

Regard being had to the submissions made by the parties, taking into consideration the period of custody of the petitioner for about more than 06 years i.e. since 03-12-2015, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VIIth, Aurangabad in connection with Sessions Trial No. 02 of 2017 / 92 of 2021 arising out of Haspura PS Case No. 35 of 2011 on the following condition:- (a) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

praful/- (Anil Kumar Sinha, J) U T