Patna High CourtCR. MISC./68745/2021bail granted

Bharat Mandal v. The State Of Bihar

2022-01-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68745 of 2021 Arising Out of PS. Case No.-306 Year-2019 Thana- NAYA RAM NAGAR District- Munger ====================================================== BHARAT MANDAL Son of Mohan Mandal Resident of Village/ MuhallaDakra Satkhajuriya, P.S.- Naya Ram Nagar, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in connection with a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have fired on the informant as also his brother causing firearm injury.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 22.6.2021 (Annexure 1) passed in Cr. Misc. no. 5389 of 2021. There is case and counter case between the parties. The petitioner has remained in custody since 25.8.2020. The petitioner has no criminal antecedent. There is no progress in the learned trial Court.

Patna High Court CR. MISC. No.68745 of 2021(3) dt.05-01-2022 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remain in custody for 1 year 4 months, the Court directs the petitioner to be enlarged on bail in connection with Naya Ram Nagar (Safia Sarai) P.S. Case no. 306 of 2019 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 A.C.J.M-I, Munger.

It is directed that the petitioner shall co-operate in the trial and in case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may proceed to cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Prakash/- U