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Patna High CourtCR. MISC./52138/2024allowed

Santosh Pandey @ Bhagirathi Pandey v. The State Of Bihar

2024-07-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52138 of 2024 Arising Out of PS. Case No.-294 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== Santosh Pandey @ Bhagirathi Pandey SON OF DHRUP PANDEY VILLAGE- LANGARPURA, PS- MAIRWA, DIST- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in a case registered for the offence punishable under sections 341, 342, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act, which was earlier rejected vide order dated 31.7.2023 passed in Cr. Misc. No. 4206 of 2023 with a direction to trial court to expedite and conclude the trial within a period of nine months.

3. Learned counsel for the petitioner submits that there is no hope to conclude the trial in near future. He further submits that petitioner is languishing in judicial custody since 1.10.2022.

4. From perusal of the impugned order, it is apperant

Patna High Court CR. MISC. No.52138 of 2024(2) dt.19-07-2024 2/2 that case is pending for adducing the prosecution case. Out of nine prosecution witnesses, only one has been examined by the trial court despite direction given by this Court on 31.7.2023 in Cr. Misc. No. 4206 of 2023 to conclude the trial within a period of nine months.

5. Having heard learned counsel for the parties and considering the period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named 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 Sessions Judge II, Siwan in connection with S.T. No. 69 of 2023 arising out of Mairwa P.S. Case No. 294 of 2022.

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