Patna High CourtCR. MISC./65355/2024bail granted

Binod Thakur @ Binod Kumar Thakur @ Vinod Kumar Thakur v. The State Of Bihar

2024-09-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65355 of 2024 Arising Out of PS. Case No.-460 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Binod Thakur @ Binod Kumar Thakur @ Vinod Kumar Thakur S/o Late Ram Bahadur Thakur Resident of vill- Amwa, P.S- Kotwa, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P. N. Shahi, Sr. Advocate Mr.Shivam, Advocate For the State :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-09-2024 Heard learned senior counsel for the petitioner and learned APP for the State.

2. This is the third attempt for bail of the petitioner as earlier such prayer was rejected by order dated 23.02.2024 in Cr. Misc. No. 83135 of 2023 and order dated 22.05.2023 in Cr. Misc. No. 23437 of 2023.

3. The petitioner is said to be involved in the killing of the deceased. Subsequently, one co-accused Ripu Pandey has confessed his guilt and has said that he has killed the deceased. The petitioner is in jail since 06.01.2023.

4. It has been submitted by learned senior counsel for the petitioner that though the petitioner is in custody since long but the prosecution is not proceeding with the trial as directed earlier and out of 14 witnesses only two witnesses have been

Patna High Court CR. MISC. No.65355 of 2024(2) dt.11-09-2024 2/2 examined after the bail was rejected earlier on 23.02.2024.

5. Considering the fact that the trial is being delayed by the prosecution, also the fact that the petitioner cannot be kept indefinitely in custody as well as the fact that the petitioner is in jail for about one year eight months, this application is allowed.

6. 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 the learned Additional Sessions Judge-13, Motihari, East Champaran /concerned Court in connection with Kotwa P.S. Case No. 460 of 2022.

7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on the dates fixed by the trial Court.

(Sandeep Kumar, J) P. Kumar U T