Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54271 of 2022 Arising Out of PS. Case No.-239 Year-2020 Thana- MAHUA District- Vaishali ====================================================== BITTU KUMAR S/O FEKAN RAI Resident of Village- Mohiuddinpur Garahi, P.S.- Jandaha, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Mahua Police Station Case No. 239 of 2020, registered for the offences punishable under Section 392 of the Indian Penal Code.
This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the application for regular bail of the petitioner was permitted to be withdrawn by this Court, vide order, dated 11.02.2022, passed in Criminal Misc. No. 66755 of 2021, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order. The First Information Report has been registered against three unknown miscreants.
Patna High Court CR. MISC. No.54271 of 2022(2) dt.12-10-2022 2/3 The prosecution case, as per the First Information Report, is that two unknown persons, along with country-made pistols entered into the parking area and assaulted the informant and his friend and fled away after snatching a bag containing Rs. 2 Lacs, Adhar Card, PAN Card etc.
Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 11.02.2022. He further submits that the petitioner is in custody since 04.08.2020 and the trial has not progressed from the date of last rejection of the prayer for bail of the petitioner. He further submits that the name of the petitioner transpired during investigation on the basis of confessional statement of co-accused Vikash Kumar, who has been granted bail by this Court, vide order, dated 04.08.2021, passed in Criminal Misc. No. 40034 of 2021.
After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is in custody since 04.08.2020, there is no progress in the trial and this is second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail,
Patna High Court CR. MISC. No.54271 of 2022(2) dt.12-10-2022 3/3 upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Mahua Police Station Case No. 239 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √