Chanchal Kumar @ Aadarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69083 of 2019 Arising Out of PS. Case No.-501 Year-2014 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== CHANCHAL KUMAR @ AADARSH KUMAR S/o Arun Singh @ Arun Kumar Singh R/o village- Madhaul, P.S.- Raunnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Runnisaidpur P.S. Case No. 501 of 2014 (Sessions Trial No. 86 of 2015) instituted for the offences under Sections 302, 307, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

The earlier bail applications of the petitioner were rejected vide Annexure-1 series to the present application. This is the 4th attempt made on behalf of the petitioner for grant of bail.

Patna High Court CR. MISC. No.69083 of 2019(4) dt.10-06-2020 2/3 By the last order, the Trial Court was directed to conclude the trial preferably within nine months from the date of receipt/production of a copy of the said order. A report was called for from the Court below. It has been reported that the charge has been framed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.3.2016 and has got no criminal antecedent. There is no chance of trial being concluded in the near future. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has remained in custody for more than four years. The allegation in the F.I.R. is that petitioner was driving the motorcycle in question. Firing upon the deceased was made by the co-accused namely Ranjit Singh, Bikram Kumar, Guddu Kumar @ Prashant and Aashique Kumar. There is no allegation of assault alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts that the petitioner has remained in custody for more than four years and also the lockdown, he is directed to be released on bail on his personal bond to the satisfaction of learned Fast Track Court-II, Sitamarhi in

Patna High Court CR. MISC. No.69083 of 2019(4) dt.10-06-2020 3/3 connection with Sessions Trial No. 86 of 2015 arising out of Runnisaidpur P.S. Case No. 501 of 2014.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T