Meraj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57851 of 2023 Arising Out of PS. Case No.-195 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== Meraj Khan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur, Advocate For the Opposite Party/s :

Mr. Vijay Kr. Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-11-2023 1.

The instant case is defect free and the same has been listed in the wrong heading of 'Office Notes' while it ought to have been listed in the heading for 'Admission'. 2.

Heard learned counsel for the petitioner and learned APP for the State.

3.

Petitioner seeks regular bail in connection with Sessions Trial No. 614 of 2022, CIS No. 201 of 2022, arising out of Chautarwa P.S. Case No. 195 of 2021 dated 21.06.2021, registered for the offences punishable under Sections 341, 307 and 34 of the Indian Penal Code and under Section 27 of Arms Act.

4.

It is submitted by the learned counsel for the petitioner that the petitioner earlier preferred Cr. Misc. No.

Patna High Court CR. MISC. No.57851 of 2023(5) dt.03-11-2023 2/3 35406 of 2022 for the relief of regular bail which was rejected and thereafter he has again come before this Court for the said relief mainly on the ground of his long custody period as well as status of his trial. Further submission is that the petitioner has been languishing in jail since 16.09.2021, against the petitioner, there are criminal antecedents of two cases in which he has got bail and in the petitioner's trial, most of the important witnesses of the prosecution has been examined and so far as the nature of allegation is concerned, petitioner allegedly fired at the informant, who sustained injury on nonvital part of his body, hence, there is no serious allegation against the petitioner.

5.

Learned APP for the State has opposed the bail prayer of the petitioner.

6.

Though, against the petitioner, there is serious allegation but considering his long custody period as well as the status of the petitioner's trial as appears from the report of the trial Court, which goes to show that all the private witnesses of the prosecution have been examined, in my opinion, in the said circumstances, the petitioner's prayer is fit to be accepted. Accordingly, let the petitioner named-above be released on bail in connection with Chautarwa P.S. Case

Patna High Court CR. MISC. No.57851 of 2023(5) dt.03-11-2023 3/3 No. 195 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Shahnawaz/- U T