Patna High CourtCR. MISC./62952/2023allowed

Niranjan Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62952 of 2023 Arising Out of PS. Case No.-93 Year-2018 Thana- AAYAR District- Bhojpur ====================================================== 1.

Niranjan Kumar S/O Late Gupteshwar Singh R/O Village- Mahathin Tola, P.S- Ayar, Distt.- Bhojpur.

Bhola Kumar @ Chitranjan Kumar S/O Late Gupteshwar Singh R/O Village- Mahathin Tola, P.S- Ayar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 506/34 of the Indian Penal Code and section 27 of the Arms Act.

3. According to the FIR, the petitioners along with other accused persons are alleged to have committed murder of the husband of the informant.

4. Earlier, the application for regular bail of the petitioners was rejected by this Court vide order dt. 23.6.2023 passed in Cr. Misc. No. 16454 of 2023 with an observation that the petitioners might be at liberty to renew the prayer of bail

Patna High Court CR. MISC. No.62952 of 2023(2) dt.13-10-2023 2/2 after framing of charges.

4. It is submitted by learned counsel for the petitioners that charge has been framed against the petitioners which is evident from Annexure-3 but the trial has not been concluded as yet. There is no hope to conclude the trial in near future and the petitioners are languishing in judicial custody since 5.12.2022.

6. Considering the aforesaid facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Aayar P.S. Case No. 93 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 8th Additional Sessions Judge, Bhojpur at Ara.

(Sunil Kumar Panwar, J) sushma/- U T