Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66987 of 2023 Arising Out of PS. Case No.-144 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== GOVIND KUMAR Son Of Mahabir Singh Resident Of Village - West English, P.S. - Imadpur - Bhojpur (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Malti Kumari, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-10-2023

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

2. Petitioner seeks regular bail in connection with Imadpur P.S. Case No. 144 of 2021, dated 27.11.2021 registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

3. This is second attempt of the petitioner to get the relief of regular bail after his earlier prayer was rejected by this Bench vide order dated 13.02.2023. passed in Cr. Misc. No. 4707 of 2023 preferred by this petitioner.

4. The main submissions advanced by learned counsel for the petitioner are that the petitioner has now come again for the relief of regular bail in the light of liberty given to him by this Bench in the earlier rejection order to renew his prayer for

Patna High Court CR. MISC. No.66987 of 2023(2) dt.06-10-2023 2/2 bail after six months if any significant progress is not made in his trial and in the present time no progress has been made in the trial of the petitioner and after commitment of his case, even charges have not been framed. Further submissions are that the petitioner has been languishing in jail since 28.11.2021 and as per allegation, only three cartridges were recovered from the possession of the petitioner and against the petitioner, there are criminal antecedents of two cases in which he has got bail.

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

6. Considering the above submissions and mainly taking into account the petitioner's custody period and also the fact that the petitioner's case is at initial stage, in my opinion, in the said circumstances the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Imadpur P.S. Case No. 144 of 2021.

(Shailendra Singh, J) Maynaz/- U T