Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50986 of 2022 Arising Out of PS. Case No.-404 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== SONU KUMAR, Son of Upendra Saw, R/V- Takuatand, P.S- Rajouli, DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

This is the second attempt of the petitioner to obtain regular bail in connection with S. Tr. No. 37 of 2021 arising out of Rajouli P.S. Case No. 404 of 2020 registered for the offences punishable under Sections 392 of the Indian Penal Code which converted under Sections 395, 412 of the Indian Penal Code. The petitioner is in custody since 27.8.2020. He has got no criminal antecedent as stated in paragraph '3' of the application. Learned counsel for the petitioner submits that earlier while rejecting the prayer for bail of the petitioner on 3.8.2021 in Cr. Misc. No. 6215 of 2021, this Court had observed that in case the trial is not concluded within a period of one year

Patna High Court CR. MISC. No.50986 of 2022(3) dt.12-04-2023 2/3 from the date of start of normal functioning of the court for no reason attributable to the petitioner, the petitioner may renew his prayer for bail.

Learned counsel further submits that till date only one prosecution witness has been examined.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that till date only one witness has been examined in course of the trial and in terms of the observations of this court contained in its order dated 3.8.2021 passed in Cr. Misc. No. 6215 of 2021, the petitioner has renewed his prayer for bail and that he is ready to abide by such terms and conditions which may be imposed by this Court to secure his presence in course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions judgeIV, Nawada, in connection with S. Tr. No. 37 of 2021 arising out of Rajouli P.S. Case No. 404 of 2020, subject to the condition as laid down under Section 437(3) Cr.P.C. And further condition that the court below shall

Patna High Court CR. MISC. No.50986 of 2022(3) dt.12-04-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/ajayU T