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Patna High CourtCR. MISC./63472/2022bail granted

Pakauri Yadav v. The State Of Bihar

2022-12-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63472 of 2022 Arising Out of PS. Case No.-356 Year-2017 Thana- DEEPNAGAR District- Nalanda ====================================================== PAKAURI YADAV S/o Late Anil Yadav R/o Village- Korai, P.S.- Deepnagar, Distt- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Ranjan Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-12-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the petitioner and one another accused are said to have fired on Munna Mahto causing firearm injury.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide orders dated 13.9.2021 and 30.3.2022 (Annexure-1). By order dated 30.3.2022, liberty was granted to the petitioner to renew his prayer for bail if there is no substantial progress in the trial in the learned trial court in six months. It is submitted that more than six months have passed since the passing of the said order.

Patna High Court CR. MISC. No.63472 of 2022(2) dt.07-12-2022 2/2 As on the date of affidavit of the instant petition, although charge was framed on 31.8.2021, however till the said date no witness had been examined. The petitioner undertakes to cooperate in the trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the contents of paragraph no.15 of the petition together with the petitioner having remained in custody since 4.11.2020, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.460 of 2021 (arising out of Deepnagar P.S. Case no.356 of 2017) 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 5th Additional District and Sessions Judge, Nalanda at Biharsharif.

(Partha Sarthy, J) Saurabh/- U T