Patna High CourtCR. MISC./62134/2023bail granted

Aniket Kumar v. The State Of Bihar

2024-01-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62134 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== ANIKET KUMAR Son of Sunil Kumar @ Sunil Kumar Singh R/o vill - Pipra Dewas, P.S. - Barauni, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-01-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. Learned counsel for the petitioner has submitted that though the earlier bail petition of the petitioner was rejected vide order dated 05.05.2023 in Cr. Misc. No. 17845 of 2023 but he is renewing his prayer for bail on the ground that only for the allegation that a country-made pistol and some live cartridges were recovered from bed of the petitioner, he is languishing under custody since 18.10.2022.

3. A report was called for from the court below about progress of the trial. The report has been received and annexed at Flag-A which shows that not even a single witness has been examined as yet.

Patna High Court CR. MISC. No.62134 of 2023(3) dt.12-01-2024 2/2

4. Considering the above-mentioned facts and circumstances especially the period of incarceration which is more than a year, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 478 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall remain present physically before the learned trial court on each and every date. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) Sonali/Kundan U T