Panchanand Das @ Panchu @ Panchu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65849 of 2024 Arising Out of PS. Case No.-1 Year-2021 Thana- SHRI NAGAR District- Madhepura ====================================================== Panchanand Das @ Panchu @ Panchu Das S/o Ganeshi Das Resident of village - Laxmipur Bhagwati, Police Station - Srinagar, Dist. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with S.T. No. 75 of 2024 arising out of Srinagar P.S. Case No. 01 of 2021 registered on 06.01.2021 for the alleged offences under Sections 341, 323, 153(A), 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

03. As per prosecution case, petitioner fired upon one Md. Saiyad on his chest during an altercation. The petitioner and other co-accused persons tried to abduct the informant and one Md. Tarique.

04. Learned counsel for the petitioner submits that this is the second attempt of the petitioner to seek bail from this Court as his prayer for bail was earlier rejected by this Court

Patna High Court CR. MISC. No.65849 of 2024(2) dt.13-09-2024 2/3 vide order dated 18.05.2023 passed in Criminal Misc. No. 21561 of 2023. Learned counsel further submits that while rejecting the prayer for bail, the learned trial court was directed to expedite the trial and conclude the same within nine months. Learned counsel further submits that the petitioner is in custody since 26.02.2021 and after framing of charge, the trial has not proceeded further. There are 08 charge-sheet named witnesses and there is no likelihood of early conclusion of the trial. Learned counsel further submits that the petitioner is only 29 years old but he has been made accused in a number of cases since 2008. The petitioner has been made accused in altogether 24 cases due to high handedness of the police.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that petitioner is a habitual offender and has been made accused in altogether 24 cases and allegations are quite serious.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and there being no likelihood of early conclusion of trial, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.65849 of 2024(2) dt.13-09-2024 3/3 each to the satisfaction of learned Additional District & Sessions Judge-II, Madhepura in connection with S.T. No. 75 of 2024 arising out of Srinagar P.S. Case No. 01 of 2021, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present physically on each and every date fixed by the court below. (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T