Patna High CourtCR. MISC./52817/2021bail granted

Anmol Rai v. The State Of Bihar

2021-11-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52817 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

ANMOL RAI Son of Yogendra Rai @ Bhukhal Rai Resident of Village - Kapan, P.S. - Bibhutipur, District - Samastipur. 2.

DINESH RAI Son of Kuldeep Rai @ Kuldip Rai Resident of Village - Kapan, P.S. - Bibhutipur, District - Samastipur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-11-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Bibhutipur P.S. Case No. 103 of 2020, disclosing offences punishable under Sections 307, 447, 34 of the Indian Penal Code and Section 27 of Arms Act.

The petitioners' prayer for regular bail was earlier rejected by an order dated 08.02.2021, passed in Cr. Misc. No. 32293 of 2020. By making this application, the petitioners have renewed their prayer for regular bail. They are in custody since 08.05.2020.

Learned counsel for the petitioner has submitted that there is no progress at the trial after framing of the charge.

Patna High Court CR. MISC. No.52817 of 2021(2) dt.24-11-2021 2/2 This is to be noted that while rejecting the petitioners' prayer for regular bail, it was observed that in the event, there was no progress at the trial, the petitioners would be at liberty to renew their prayer for bail after six months. It has been stated in paragraph-3 of the application that the petitioners have no criminal antecedent.

Considering the facts and circumstance, as noted above, this application is allowed. Let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Additional District & Session Judge-II, Rosera, District-Samastipur in Session Trial No. 202 of 2020 arising out of Bibhutipur P.S. Case No. 103 of 2020. (Chakradhari Sharan Singh, J) K.K.RAO/- U T