Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59369 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- DIGHA District- Patna ====================================================== Ranjeet Kumar Son Of Late Baijnath Choudhary Resident Of VillageBegumpur, Misri Garhi Per, Patna City At Present Resident In The Side Of Ankur Public School, Polson Road, Digha , Ps- Digha, Dist- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Rajeev For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.
Earlier the prayer for bail of the petitioner was rejected vide order dated 27.03.2023 passed in Cr. Misc. No. 63610 of 2022 with an observation to the Trial Court to expedite the trial and conclude the
2/4 same at the earliest.
It is alleged against the petitioner that he along with other accused persons has assaulted the husband of the informant by iron khanti and bricks. The victim was thereafter taken to the hospital where he recorded his statement claiming that this petitioner assaulted him with iron khanti and bricks on his head and face.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence. The petitioner is not having criminal antecedent and he is languishing in custody since 14.04.2022.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he assaulted with iron khanti and bricks to the victim.
3/4 The injury report of the victim also corroborates the case of the prosecution against the petitioner. In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received and it has been kept at Flag-A. The report of learned Additional District & Sessions Judge-XI, Patna dated 14.09.2023 suggests that out of seven charge-sheeted witnesses, only two witnesses have been examined and the trial shall be concluded within nine months which suggests that there is no likelihood of the trial being concluded in near future.
Considering the facts aforesaid and the fact that there is no likelihood of the trial being concluded in near future and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI,
4/4 Patna in connection with Digha P.S. Case No. 237 of 2022 (Sessions Trial No. 1009/2022).
(Sunil Kumar Panwar, J) Shageer/- U T