Uma Shankar Prasad @ Chhotan @ Chhotan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51354 of 2022 Arising Out of PS. Case No.-899 Year-2018 Thana- BIHTA District- Patna ====================================================== Uma Shankar Prasad @ Chhotan @ Chhotan Prasad Son Of Late Tulsi Singh R/V- Shiv Shakti Nagar, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned counsel for the informant and learned APP for the State.
2.The petitioner has renewed his prayer for grant of regular bail in a case registered for the offence punishable under sections 302, 34 IPC and 27 of the Arms Act, which was earlier rejected vide order dated 5.6.2020 passed in Cr. Misc. No. 609 of 2020 by another Bench of this Court with a direction to the trial court to expedite the trial and conclude the same within a period of six months failing which the petitioner was granted liberty to renew his prayer for bail.
3. Progress report dt. 27.2.2023 sent by Additional Sessions Judge-7th Civil Court, Danapur suggests that trial
Patna High Court CR. MISC. No.51354 of 2022(9) dt.28-08-2023 2/3 is likely to be concluded in four months.
4. It is submitted by learned counsel for the petitioner that trial has not been concluded as yet and the case is fixed for prosecution evidence. There is no hope to conclude the trial in near future because of stay of the further proceeding in Sessions Trial No. 229 of 2019 by order dated 26.04.2023 passed in Cr. Misc. No. 21468 of 2024 by a co-ordinate Bench of this Court. Several other accused persons have already been granted anticipatory bail by different co-ordinate Bench of this Court vide order dated 11.2.2019 passed in Cr. Misc. No. 7856 of 2019, vide order dated 3.4.2019 passed in Cr. Misc. No. 18297 of 2019. It is further submitted that petitioner is languishing in judicial custody since 28.08.2018.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
Patna High Court CR. MISC. No.51354 of 2022(9) dt.28-08-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Danapur in connection with Bihta P.S. Case No. 899 of 2018. (Sunil Kumar Panwar, J) sushma/- U