Baldev Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58649 of 2021 Arising Out of PS. Case No.-167 Year-2019 Thana- PARWALPUR District- Nalanda ====================================================== Baldev Chauhan Son of Karu Chauhan R/O Village- Shivchak, P.S.- Parwalpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binit Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.

As per the prosecution case, father of the informant was struck by the petitioner with the iron rod on his head leading to his death.

It is submitted by learned counsel for the petitioner that the earlier applications for bail of the petitioner was rejected vide order dated 18.3.2020 passed in Cr. Misc. no.85217 of 2019 and order date 3.3.2021 passed in Cr. Misc.no.1459 of 2021. Inspite of the repeated directions of this Court to the learned trial Court to expedite the trial there is no progress in the trial.

Patna High Court CR. MISC. No.58649 of 2021(2) dt.06-10-2021 2/2 It is submitted that the ordersheet of the learned trial Court has been brought on record as Annexure-4 to the petition from which it would transpire that inspite of the charge having been framed on 4.2.2020 no witness has been examined on behalf the prosecution.

By order dated 3.3.2021 liberty was granted to the petitioner to renew his prayer for bail on completion of 2 years in custody in case there is no substantial progress in trial. The petitioner is in custody since 6.7.2019 i.e for 2 years 3 months. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the liberty granted to the petitioner vide order dated 3.3.2021 together with the petitioner having remained in custody for over 2 years, the Court directs the petitioner to be enlarged on bail in connection with Parwalpur P.S. Case no. 67 of 2019 (S.T. No.558 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV, Hilsa, Nalanda. Bibhash (Partha Sarthy, J) U