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Patna High CourtCR. MISC./66709/2021bail granted

Rohit Kumar @ Antu Ishwar @ Antu Isar @ Antu Ishar v. The State Of Bihar

2021-12-08Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66709 of 2021 Arising Out of PS. Case No.-210 Year-2019 Thana- SAMASTIPUR District- Samastipur ====================================================== ROHIT KUMAR @ ANTU ISHWAR @ ANTU ISAR @ ANTU ISHAR Son of Late Ashok Ishwar Resident of Village - Bahadurpur Ward no.23, P.S.- Samastipur Town, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2021 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor for the State.

Petitioner renews his prayer for bail in connection with Samastipur Town PS Case No. 210/2019 registered for the offence punishable under Sections 307, 323, 341, 354, 386, 452, 506/34 of the Indian Penal Code and 27 of the Arms Act inasmuch as earlier bail application of the petitioner was rejected vide order dated 09.04.2021 passed in Cr. Misc No. 14062/2020 (Annexure-1) with liberty to renew his prayer for bail after six months.

The allegation, as per First Information Report, is that petitioner fired upon informant and his family members indiscriminately, causing injury to the informant, his wife and

Patna High Court CR. MISC. No.66709 of 2021(2) dt.08-12-2021 2/3 daughter.

Learned counsel for the petitioner submits that while rejecting the bail application of the petitioner this Court had granted liberty to renew prayer for bail after six months, if the trial does not show any progress. Learned counsel, referring to paragraph-8 of the instant petition, next submits that even the case has not been committed to the court of sessions and the trial has not shown any progress.

Learned counsel further submits that petitioner is in custody since 11.09.2019.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 11.09.2019, chargesheet has already been submitted in the matter, there is no likelihood that the petitioner, if released on bail, will abscond or tamper with the evidences and this is the second attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, ROHIT KUMAR @ ANTU ISHWAR @ ANTU ISAR @ ANTU ISHAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.66709 of 2021(2) dt.08-12-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Samstipur in connection with Samastipur Town PS Case No. 210/2019. (Anil Kumar Sinha, J) perwez U T