Banty @ Prince @ Banti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63897 of 2021 Arising Out of PS. Case No.-267 Year-2019 Thana- RUPASPUR District- Patna ====================================================== BANTY @ PRINCE @ BANTI S/o Vinod Rai R/o village- Dalluchak, P.S.- Khagaul, Distt.- Patna ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Rupashpur P.S. Case No. 267 of 2019, registered for the offence punishable under Section 394 of the Indian Penal Code, chargesheeted under Section 395 and 412 of the Indian Penal Code. The petitioner is in custody since 08.11.2019, after having been taken on remand while in custody in connection with some other cases. His prayer for bail came to be rejected twice by this Court by orders dated 30.06.2020 and 23.06.2021 passed in Cr. Misc. No. 16095 of 2020 and Cr. Misc. No. 6370 of 2021. Apart from the gravity of the offence, the Court had taken the petitioner's criminal antecedents in to account while
Patna High Court CR. MISC. No.63897 of 2021(4) dt.12-01-2022 2/2 rejecting the petitioner's prayer for bail.
Learned counsel appearing on behalf of the petitioner has argued that though the petitioner has remained in custody for more than two years, till date even charge has not been framed. In support of his submission he has relied on the order-sheet of the Court below.
Considering the submission that till date no charge has been framed and the petitioner is in custody since 08.11.2019, this application is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessins Judge-V, Danapur, in Rupashpur P.S. Case No. 267 of 2019.
(Chakradhari Sharan Singh, J) Pawan/- U T