Dilshaad Ali @ Dilshad Sai @ Dilshad Sain @ Chhote Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46657 of 2024 Arising Out of PS. Case No.-391 Year-2022 Thana- SIWAN CITY District- Siwan ====================================================== Dilshaad Ali @ Dilshad Sai @ Dilshad Sain @ Chhote Raja Son Of Late Nausher Sain Resident Of Village- Mandrapali P.S.- Pachrukhi District -Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is renewed by the petitioner for regular bail which has been filed in connection with Siwan Town P.S. Case No. 391 of 2022 instituted for the offence u/s 307/34 of the Indian Penal Code, Section 27 of Arms Act.

Earlier the application for regular bail of the petitioner was twice rejected by order dated 09.05.2023 passed in Cr. Misc. No. 10190 of 2022 with an observation to learned trial court to expedite the trial

Patna High Court CR. MISC. No.46657 of 2024(2) dt.02-07-2024 2/3 and conclude the same as soon as possible and by order dated 09.02.2024, passed in Cr. Misc. No. 1360 of 2024 with an observation to learned trial Court to conclude the trial within stipulated period as mentioned in its report ie. 4 months, failing which the petitioner will be at liberty to renew his prayer of bail.

As per allegation in the F.I.R., the petitioner along with other co-accused persons are said to have fired upon the brother of the informant due to which he sustained injuries.

From perusal of the order sheet of Session Trial dated 04.06.2024, it appears that the case is fixed for adducing the prosecution evidence. There is no hope to conclude the trial in near future. Moreover, petitioner is languishing in judicial custody since 14.10.2022. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.46657 of 2024(2) dt.02-07-2024 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Siwan Town P.S. Case No. 391 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Siwan.

(Sunil Kumar Panwar, J) Nirajkrs/- U T