Praveen Soni @ Pravistra @ Pravinda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48826 of 2022 Arising Out of PS. Case No.-544 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Praveen Soni @ Pravistra @ Pravinda, aged about 32 years, (M) S/o Late Asarfi Soni Resident of Village- Haibatpur Koriya, P.S.- Muffasil, DistrictBegusarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Lal Mani Sharma, Adv.
For the State :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Begusarai Muffasil PS Case No.544 of 2019, instituted for the offence punishable under Sections 386, 506 and 34 of the Indian Penal Code. Twice application for bail has been rejected by this Court earlier. First rejection is under order 25.11.2020 passed in Cr. Misc. No. 27408 of 2020. The second rejection is under order dated 02-03-2022 passed in Cr. Misc. No. 30610 of 2021.
Patna High Court CR. MISC. No.48826 of 2022(3) dt.07-12-2022 2/3 The petitioner, thereafter, has renewed his prayer before the learned Court below which has been rejected on 16.06.2022. The learned counsel for the petitioner submits that in view of earlier consideration on merits, he would be confining his submission to the fact that the petitioner has remained in custody now for more than three years. It is also submitted that there is no progress at the trial. In view of the aforesaid submissions earlier, this Court had requisitioned the report from the learned Trial Court. Pursuant to which, report dated 05-12-2022 has been received, which is clear in stating that after framing of charge on 04-03-2022, bailable warrants, nonbailable warrants have been issued and execution report has been received.
However, no prosecution witness has been examined till date. It is also submitted that the petitioner is on bail in the five cases pending against him since before as per disclosure made in paragraph No 3 of the bail petition. The learned APP submits that the petitioner is a man having antecedent and, therefore, opposes the prayer for bail.
Patna High Court CR. MISC. No.48826 of 2022(3) dt.07-12-2022 3/3 submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 8th Additional Sessions Judge- Begusarai, in connection with Begusarai Muffasil P. S. Case No. 544 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T