Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56273 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- GORAUL District- Vaishali ====================================================== JITENDRA KUMAR S/o LATE SURESH RAI R/o VILLAGE AND P.OPEROI, P.S.- GORAUL, DISTRICT-VAISHALI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Kumar Chaubey, Adv.
For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-10-2021 Heard Mr. Upendra Kumar Chaubey, learned counsel for the petitioner and Mr. Bal Mukund Prasad Sinha, learned Additional Public Prosecutor for the State.
Petitioner renews his prayer for bail in connection with Goraul PS Case No. 144/2020 registered for the offence punishable under Sections 147, 148, 149, 302, 447, 448, 342, 323, 324 IPC Act inasmuch as earlier bail application of the petitioner was rejected vide order dated 23.02.2021 passed in Cr. Misc No. 38090/2020 (Annexure-2) with liberty to renew his prayer for bail after five months, if the trial does not record any progress.
The allegation against the petitioner as, per the First Information Report, is that he along with other accused persons assaulted brutally the son of the informant by means of Lathi,
Patna High Court CR. MISC. No.56273 of 2021(3) dt.27-10-2021 2/3 Danda, due to which, he died during course of his treatment. Learned counsel for the petitioner submits that ten persons named in the FIR along with 12 unknown persons, allegedly, assaulted the son of the informant by means of Lathi and Danda and the allegation against the petitioner is that he assaulted the son of the informant on his head. Learned counsel next submits that while rejecting the earlier bail application, this Court had granted liberty to the petitioner to renew his prayer for bail after five months, if the trial does not record any progress.
This Court vide its order dated 29.09.2021 had called for a report from Additional Sessions Judge-VII, Vaishali at Hajipur, regarding stage of trial and in pursuance thereof, the report vide letter No. 93/2021 dated 04.10.2021 has been received disclosing therein that out of seven charge-sheet witnesses, only one witness has been examined and six witnesses are yet to be examined and cross-examined. Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that the trial is not likely to be concluded in near future due to pandemic of COVID-19, charges against the accused persons have been framed and this is the second attempt for bail
Patna High Court CR. MISC. No.56273 of 2021(3) dt.27-10-2021 3/3 on behalf of petitioner, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, JITENDRA KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIIth, Vaishali at Hajipur in connection with S.T. No. 211/2020 arising out of Goraul PS Case No. 144/2020.
(Anil Kumar Sinha, J) perwez U T