Patna High CourtCR. MISC./70181/2023bail granted

Kari Yadav v. The State Of Bihar

2024-03-20Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70181 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Kari Yadav, Son Of Late Banarasi Yadav Resident Of Village- Koria, Haibutpur, Ps- Muffasil, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP For the Informant :

Mr. Sarvottam Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 895 of 2022 arising out of Muffasil P.S. Case No. 66 of 2022, dated 05.02.2022 lodged under Sections 147, 148, 341, 323, 307, 504, 506 of the Indian Penal Code read with section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 04.11.2022 passed in Cr. Misc. No. 46285 of 2022 with liberty granted to the petitioner to move for bail 9 months from the date of framing of charge.

Patna High Court CR. MISC. No.70181 of 2023(6) dt.20-03-2024 2/3

4. Learned counsel for the petitioner submits that charge has already been framed in this case on 22.11.2022 and thereafter, series of prosecution witnesses have been examined and no purpose shall be solved keeping the petitioner in custody. Counsel further submits that the petitioner is in custody since 18.04.2022.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that there are in total nine charge-sheet witnesses out of which five were examined.

7. It transpires to this Court that vide order dated 16.02.2024, fresh report about the progress of the trial has been called for, from which it transpires that there are in total 11 charge-sheet witnesses out of which, six witnesses have been examined including the Doctor and rest five witnesses are yet to be examined.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.70181 of 2023(6) dt.20-03-2024 3/3 each to the satisfaction of learned Additional Sessions Judge-XI, Begusarai in connection with Sessions Trial No. 895 of 2022 arising out of Muffasil P.S. Case No. 66 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T