Patna High CourtCR. MISC./65496/2021bail granted

Sankar Sahani @ Kunal v. The State Of Bihar

2022-01-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65496 of 2021 Arising Out of PS. Case No.-11 Year-2011 Thana- PATAHI District- East Champaran ====================================================== Sankar Sahani @ Kunal Son Of Badri Sahani Resident Of Village - Patahi Pachagachhiya, P.S- Patahi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate Mr. Arun Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Patahi P.S. Case No. 11 of 2011 disclosing offence punishable under Sections 302/34 of the Indian Penal Code and 27 Arms Act and 17 C.L.A. Act.

The petitioner is in custody since 16.09.2019. His prayer for Regular Bail was twice rejected by this Court by orders dated 19.03.2020 and 07.04.2021 passed in Cr. Misc. No. 86722 of 2019 and Cr. Misc. No. 36738 of 2020 respectively.

Patna High Court CR. MISC. No.65496 of 2021(3) dt.05-01-2022 2/2 While rejecting the petitioner's prayer for bail by order dated 07.04.2021 it was clearly observed that in case there was no substantial progress at the trial, the petitioner shall be at liberty to renew his prayer for bail after six months. Accordingly, the present application has been filed renewing his prayer for bail. A report was called for from the court below under the orders of this Court regarding present stage of the trial. It has been reported that till date the prosecution has not produced any witness.

Considering the fact that there is no progress at the trial and the petitioner is in custody since 16.09.2019, this application is allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount, each to the satisfaction of learned Additional Sessions Judge 12th, Motihari, East Champaran in Patahi P.S. Case No. 11 of 2011. (Chakradhari Sharan Singh, J) K.K.RAO/- U T