Patna High CourtCR. MISC./68791/2023bail granted

Vinay Singh v. The State Of Bihar

2023-12-15Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68791 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Vinay Singh Son Of Harinder Singh, Village- Nayaka Baraka Baiju Tola, P.SRivil Ganj, District- Saran, Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-12-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Rivilganj P.S. Case No. 89 of 2022 dated 19.03.2022 registered for the offence(s) punishable under Section(s) 302, 307, 324, 341/34 of the Indian Penal Code.

3. This is second attempt of the petitioner for the relief of regular bail after his earlier attempt for the said relief was rejected by this court vide order dated 02.11.2022 passed in Cr. Misc. No. 39476 of 2022 preferred by this petitioner.

4. The main submissions advanced by learned counsel for the petitioner are that the petitioner has been languishing in jail since 20.03.2022 and his trial has started and the charges were framed upon him on 20.12.2022 and till 25.04.2023 not a

Patna High Court CR. MISC. No.68791 of 2023(4) dt.15-12-2023 2/3 single prosecution witness was examined and till date there is no significant progress in the trial of the petitioner and so far as the nature of allegation is concerned though as per allegation made in the FIR, the petitioner is stated to have caused stab injury to two persons namely, Rahul Kumar and Ajit Kumar but their injuries have been opined to be simple in nature and each of them sustained only one injury and at the time of rejection of petitioner's earlier prayer, the final injury reports of both the said injured persons were not available before this bench.

5. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

6. Considering the above submissions and petitioner's custody period and also the slowness of the prosecution in producing and examining the prosecution witnesses in the trial of the petitioner as stated above and also, the nature of the injuries of the injured persons namely, Rahul Kumar and Ajit Kumar who are stated to have sustained stab injury allegedly caused by this petitioner and according to medical opinion the said injured persons sustained simple injuries, in my opinion, in the said circumstances, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten

Patna High Court CR. MISC. No.68791 of 2023(4) dt.15-12-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Rivilganj P.S. Case No. 89 of 2022.

(Shailendra Singh, J) Rajiv/- U T