Patna High CourtCR. MISC./52502/2024bail granted

Rajeev Kumar v. The State Of Bihar

2024-09-13Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52502 of 2024 Arising Out of PS. Case No.-279 Year-2021 Thana- SIDHWALIYA District- Gopalganj ====================================================== Rajeev Kumar Son Of Late Jaynarayan Sah @ Jainarayan Shah Resident Of Village - Bazar Khajuriya, P.S. - Sidhwaliya, District -gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sidhwalia P.S. Case No. 279 of 2021 dated 23.08.2021, lodged under Sections 302, 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 20.12.2022 passed in Cr. Misc. No. 36708 of 2022 with liberty granted to the petitioner that he may renew his prayer for bail nine months after framing of charge and the Trial Court was directed to expedite the trial as early as possible. Counsel submits that charge has already been framed in this case and 8 (eight) witnesses have been examined. Counsel further submits that he has attached the deposition of almost all witnesses by

Patna High Court CR. MISC. No.52502 of 2024(3) dt.13-09-2024 2/2 which it transpires that all witnesses become hostile. Counsel submits that the criminal antecedent of the petitioner is not clean as there is one criminal case is pending against him. The petitioner is in custody since 26.08.2021 in the present case. Counsel submits that the petitioner was informant in this case, but subsequently, he has been made accused in this case.

4. Learned APP for the State opposes the prayer for bail of the petitioner.

5. In the present facts and circumstances of this case, let the petitioner above named, be granted bail as well as on being satisfied by the Trial Court that the petitioner is not absconding in Barauli P.S. Case No.200 of 2021, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII, Gopalganj in connection with Sidhwalia P.S. Case No. 279 of 2021, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T