Abhishek Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74397 of 2023 Arising Out of PS. Case No.-145 Year-2021 Thana- PATAHI District- East Champaran ====================================================== ABHISHEK SAH, S/o Gauri Sah R/O Village - Bakhri (Bakhari Bazar), P.S. - Patahi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ranjana Srivastava, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-02-2024

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

2. Petitioner seeks regular bail in connection with Patahi P.S. Case No. 145 of 2021 dated 08.08.2021 registered for the offence punishable under Section 304B read with section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner earlier preferred Cr. Misc. No. 35371 of 2022 for the relief of regular bail which was rejected by this court vide order dated 16.09.2022 and in the said order the petitioner was given a liberty to renew his bail prayer after one year from the date of that order if his trial is not concluded within the said period. Further submission are that the petitioner has come again for the relief of bail mainly in

Patna High Court CR. MISC. No.74397 of 2023(5) dt.16-02-2024 2/2 the light of the liberty granted to the petitioner by this court as no significant progress has been made in the trial of the petitioner and so far only two prosecution witnesses have been examined and the petitioner has been languishing in jail since 28.01.2022. Further submission is that the informant who is said to be the important witness of the prosecution has been examined and he has not supported the prosecution's case before the trial court and he has compromised also.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly taking into account the stage of petitioner's trial as well his incarceration period, this court is inclined to accept the bail prayer of the petitioner. Accordingly, let the petitioner namedabove be released 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 Patahi P.S. Case No. 145 of 2021.

(Shailendra Singh, J) Rajiv/- U T