Patna High CourtCR. MISC./49505/2023bail granted

Prince Kumar @ Chaitanya Kumar v. The State Of Bihar

2023-08-02Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49505 of 2023 Arising Out of PS. Case No.-81 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== PRINCE KUMAR @ CHAITANYA KUMAR, aged about 26 years, Male, S/O LATE SUNIL KUMAR SINGH @ LATE SUSHIL KUMAR SINGH R/O Village- Ghanshyam Pakari, P.S- Pipra, Distt.- East Champaran (Wrongly mentioned in Impugned order as Sitamarhi).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023

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

2. Petitioner seeks regular bail in connection with Riga P.S. Case No. 81 of 2022 dated 13.03.2022 registered for the offence(s) punishable under Section(s) 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. This is second attempt for the relief of regular bail after his earlier prayer for the same relief was rejected by this Court vide order dated 22.11.2022 passed in Cr. Misc. No.40878 of 2022 preferred by this petitioner.

4. The instant petition has been filed by the petitioner mainly on the ground of liberty given to him in his earlier rejection order. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.49505 of 2023(2) dt.02-08-2023 2/2 petitioner that in the order dated 22.11.2022 this Court had granted the petitioner a liberty to renew his bail prayer if his trial is not concluded within six months from the date of the said order and after the rejection of petitioner's earlier prayer, no progress has been made in the petitioner's trial and till today the petitioner's case is running for commitment and petitioner has been languishing in jail since 14.03.2022.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Considering the above submissions and mainly the custody period of the petitioner and also the fact that no significant progress has been made in his trial, this court is inclined to accept the present prayer of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Riga P.S. Case No. 81 of 2022 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) Sanjay/- U T