Patna High CourtCR. MISC./48810/2024allowed

Jay Mangal Ray @ Mangal Rai v. The State Of Bihar

2024-07-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48810 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- ISUAPUR District- Saran ====================================================== Jay Mangal Ray @ Mangal Rai S/O Late Ramdahin Rai R/O VillageAgauthar Nanda, P.S- Isuapur, Distt.- Saran (Chapra). ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the state.

2. The instance application for regular bail has been filed by the petitioner in connection with NDPS Case no. 29 of 2023 arising out of Isuapur P.S. Case No. 210 of 2023 instituted for the offence u/s 307, 504, 506/34 of the Indian Penal Code and sections 25(1-B)A, 26, 27, 35 of the Arms Act.

3. Earlier the application for regular bail of the petitioner was rejected by this Court vide order dated 16.1.2024 passed in Cr. Misc. No. 70201 of 2023 with a direction to expedite the trial as soon as possible.

4. In pursuance to the direction of this Court, a report dt. 15.7.2024 with regard to the present stage of trial has been received by which it appears out of five witnesses, two

Patna High Court CR. MISC. No.48810 of 2024(3) dt.26-07-2024 2/3 witnesses have been examined and trial is likely to be concluded within six months.

5. It is submitted by learned counsel for the petitioner that trial has not been concluded as yet and there is no hope to conclude the trial in near future. The petitioner is languishing in judicial custody since 3.8.2023.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Isuapur P.S. Case No. 210 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Chapra (Saran) with subject to following conditions:

(i) the petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(ii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds will be cancelled by the Court below.

Patna High Court CR. MISC. No.48810 of 2024(3) dt.26-07-2024 3/3 (iii) In case, the petitioner threatens the witnesses or temper with the evidence, his bail bonds shall be cancelled by the Court below.

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