Mannu Kumar @ Mannu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7514 of 2021 Arising Out of PS. Case No.-184 Year-2019 Thana- GWALPARA District- Madhepura ====================================================== MANNU KUMAR @ MANNU SINGH SON OF TRIBHUWAN SINGH Resident of Ward No. 08, P.O.- Shahpur Chaumukh, P.S.- Dhurva, DistrictMadhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sessions Trial no. 67 of 2020 (arising out of Gwalpara P.S. Case no.184 of 2019) registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.
At the outset it is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner along with two others was rejected vide order dated 2.6.2020 passed in Cr. Misc. no. 8151 of 2020 with the observation that the same was being rejected for the present. It is submitted that the allegations against the petitioner are general and omnibus in nature which would be evident from the material that has transpired in course of investigation. The petitioner is in custody since 9.10.2019. Further there is no progress in the trial in the learned Court below.
Patna High Court CR. MISC. No.7514 of 2021(4) dt.12-07-2021 2/2 The application for bail is opposed by learned counsel for the State.
A report with respect to the stage of trial had been called for. As per the report contained in letter no. 47/ 2021 dated 22.4.2021 from the learned 1st Additional Sessions Judgecum-Special Judge, Madhepura, it transpires that in Sessions Trial no. 67 of 2020 the case is pending for evidence of 9 official witnesses and attempts are being made for securing their attendance. It is further stated that if the prosecution produces all 9 witnesses on regular interval, the case is likely to conclude within 9 months.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the contents of the order dated 2.6.2020 rejecting the earlier application for bail, the petitioner being in custody since 9.10.2019 together with the contents of the report with respect to the stage of trial in the learned Court below, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 67 of 2020 (arising out of Gwalpara P.S. Case no. 184 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 Sessions Judge-cumSpecial Judge, Madhepura. (Partha Sarthy, J) Prakash/- U