Aryan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64186 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== ARYAN KUMAR S/O Late Domi Singh R/O Village- Beldaur Ward No. 8, P.S- Beldaur, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with with Beldaur P.S. Case no. 142 of 2023, registered under sections 307, 326 and 120B of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that his son was taken away by accused Manish Kumar and Satish Kumar on motorcycle. He saw the three of them going away. Subsequently he received information on telephone from one Pankaj Sharma that his son had sustained bullet injury.
4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide
Patna High Court CR. MISC. No.64186 of 2024(2) dt.13-09-2024 2/3 order dated 24.4.2024 (Annexure-1) passed in Cr. Misc. no. 15745 of 2024. Referring to the order of the learned trial Court it is submitted that charge has been framed in the learned trial court on 24.4.2024. The petitioner is in custody since 21.7.2023 and undertakes to cooperate in the trial.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, his having remained in custody for more than 1 year since 21.7.2023 and charge having been framed in the learned trial Court, the Court directs the petitioner to be enlarged on bail in connection with Beldour P.S. Case no. 142 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge IX, Khagaria on the following conditions:
(1) The petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial.
(2) In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the
Patna High Court CR. MISC. No.64186 of 2024(2) dt.13-09-2024 3/3 learned trial Court will be at liberty to cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.
(Partha Sarthy, J) Bibhash/- U T