Suraj Kumar @ Belmunda @ Munda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48564 of 2024 Arising Out of PS. Case No.-23 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Suraj Kumar @ Belmunda @ Munda Son of Mahesh Prasad R/O Naya Tola Madhopur, P.S.- Bakhtiyarpur, Dist.- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 328, 120B of the Indian Penal Code and Sections 33, 34 and 36 of Bihar Excise Prohibition Amendment Act.
3. Earlier the bail petition of the petitioner was rejected by this Court vide order dated 21.04.2023 passed in Cr. Misc Nos. 30428 of 2022 with a direction to expedite and conclude the trial and vide order dated 01.12.2023, passed in Cr. Misc. No. 66959 of 2023 with a direction to conclude the trial within a period of six months, failing which, the petitioner will be at liberty to renew his
Patna High Court CR. MISC. No.48564 of 2024(2) dt.12-07-2024 2/3 prayer for bail.
4. In pursuance to the direction of this Court a report dated 1.4.2024 with regard to present stage of trial has been received (in Cr. Misc. No. 17169 of 2024) by which it appears that the trial is likely to be concluded within a period of six months.
5. Learned counsel for the petitioner submits that the trial has not been concluded as yet knowing the fact that petitioner is languishing in jail for more than two years. There is no hope to conclude the trial in near future. It is further submitted that one of the co-accused namely, Sunita @ Maidam, whose bail petition was earlier rejected, has also been granted bail by this Court vide order dated 15.05.2024 passed in Cr. Misc. No. 17169 of 2024. Moreover, petitioner is languishing in judicial custody since 30.01.2022.
5. Learned APP appearing for the State has opposed the prayer of bail.
6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge them on bail. The above named
Patna High Court CR. MISC. No.48564 of 2024(2) dt.12-07-2024 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IV-cumSpecial Judge Excise II, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 23 of 2022. (Sunil Kumar Panwar, J) Nirajkrs/- U T