Patna High CourtCR. MISC./66078/2024bail granted

Banty Kumar v. The State Of Bihar

2024-09-20Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66078 of 2024 Arising Out of PS. Case No.-369 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Banty Kumar Son of Subhash Mandal R/vill - Jahangira, P.s - sultanganj, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2024

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

2. The petitioner has renewed his prayer for grant of regular bail in connection with S.Tr. no. 132 of 2024 (arising out of Sultanganj P.S. Case no. 369 of 2023) registered under sections 307 and 326 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that the petitioner fired on him as a result of which he sustained gunshot injury in his back.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioners was rejected vide order dated 20.2.2024 passed in Cr. Misc. no. 8497 of 2024 giving liberty to the petitioner to renew his prayer for bail on

Patna High Court CR. MISC. No.66078 of 2024(2) dt.20-09-2024 2/3 completing one year in custody or after framing of charge, whichever is later. The petitioner has remained in custody for more than 1 year since 23.8.2023. Further learned counsel for the petitioner provides a certified copy of the order of the learned trial Court framing charge against the petitioner under different sections of the Indian Penal Code and Arms Act on 19.3.2024.

5. The certified copy of the order framing charge produced by the learned counsel for the petitioner is taken on record.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the liberty granted in the earlier order of rejection dated 20.2.2024, charge having been framed in the learned trial Court against the petitioner on 19.3.2024 and the petitioner having remained in custody for more than 1 year since 23.8.2023, the petitioner is directed to be enlarged on bail in connection with S.Tr. no. 132 of 2024 (arising out of Sultanganj P.S. Case no. 369 of 2023) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.66078 of 2024(2) dt.20-09-2024 3/3 learned Additional District & Sessions Judge-X, Bhagalpur. (Partha Sarthy, J) Harsh/- U T