Anirudh Ram @ Anirudh Kumar @ Chotey Ram @ Chhotu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56449 of 2024 Arising Out of PS. Case No.-320 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Anirudh Ram @ Anirudh Kumar @ Chotey Ram @ Chhotu Ram, Son of Nandlal Ram @ Nandlal Kumar, Resident of Village - Naya Bhojpur, Police Station - Dumraon, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Rai Sharma, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Rajpur P.S. Case No. 320 of 2023 dated 05.09.2023 registered for the offences punishable under Sections 25(1B)a and 26 of the Arms Act.
3. Mr. Manish Rai Sharma, learned counsel appearing for the petitioner submits that this is second attempt of the petitioner to get the relief of regular bail after his earlier bail prayer was rejected by this Court vide order dated 19.02.2024 passed in Cr. Misc. No. 7536/2024 and now, the petitioner has come again before this Court mainly on the ground of his custody period as well as no significant progress in his trial
Patna High Court CR. MISC. No.56449 of 2024(2) dt.09-08-2024 2/3 despite the charges having been framed upon him on 05.02.2024. Learned counsel further submits that in the present matter, the petitioner has been languishing in jail since 06.09.2023 and the instant matter relates to the recovery of one country-made pistol and two live cartridges and the alleged offences are triable by the court of First Class Judicial Magistrate.
4. Mr. Satyendra Prasad, learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Heard both the sides and perused the relevant materials. Though against this petitioner, there is serious allegation and he has criminal antecedent of several cases but the prosecution is showing lingering attitude in the trial of the petitioner as till date no prosecution witness has been produced and examined in the trial of the petitioner despite the charges having been framed upon him on 05.02.2024 while most of the material witnesses are official persons and the petitioner has been languishing in jail since 06.09.2023, in my opinion, in the said circumstances, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.56449 of 2024(2) dt.09-08-2024 3/3 the Court concerned in connection with Rajpur P.S. Case No. 320 of 2023.
(Shailendra Singh, J) maynaz/- U T