Brij Kishor Srivastav @ Brijesh Kishor Srivastav @ Chunnu Srivastaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63728 of 2024 Arising Out of PS. Case No.-202 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Brij Kishor Srivastav @ Brijesh Kishor Srivastav @ Chunnu Srivastaw S/O Late Satyadev Srivastav @ Late Satyadev Prasad R/o Village- Majhariya Shekh, Kachahari Tola, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2024 Heard Learned Counsel for the petitioner and Learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Majhauliya P.S. Case No.202 of 2021, lodged on 11.04.2021, under Sections 406/420/467/34 of the Indian Penal Code.

3. Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 21.09.2022 passed in Cr. Misc. No.36710 of 2022.

4. Learned Counsel for the petitioner submits that the petitioner is in custody since 08.07.2021 i.e., more than three and half years. He submits that the section in which he has been charged even if found to be proved is about seven years of punishment and he is in custody since three and half years.

Patna High Court CR. MISC. No.63728 of 2024(3) dt.14-11-2024 2/2

5. Learned Counsel for the State opposes the prayer for bail and submits that report has been called for.

6. From perusal of the report it transpires that out of nine charge sheet witness only three witnesses have been examined.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on being satisfied that petitioner is not absconding in the following cases, i.e., (i) Majhauliya P.S. Case No.21 of 2020 and (ii) Majhauliya P.S. Case No.429 of 2019 on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No.202 of 2021, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Mkr./- U T