Rohan Shah@ Rohaan Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70028 of 2023 Arising Out of PS. Case No.-320 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== ROHAN SHAH@ ROHAAN SHAH SON OF JAWAID ALAM @ MD. JAVED ALAM @ MD. JAWED ALAM RESIDENT OF VILLAGE- MAIN BAZAR SONARPATTI, PS- DALSINGHSARAI, DIST- SAMASTIPUR AT PRESENT RESIDENT OF VILLAGE- SHABHAGPUR, MANHANIYA, PS- DALSINGHSARAI, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2023 1.

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

2.

The present petition is by way of third attempt at the behest of the petitioner for grant of regular bail in connection with Darbhanga PS case no. 320 of 2020, registered under Section 395 and allied sections of the Indian Penal Code and Section 27 of Arms Act, inasmuch as earlier, the prayer of the petitioner for grant of bail was rejected by this Court vide orders dated 05.04.2022 and 07.12.2022, passed in Cr. Misc. no. 47170 of 2021 and Cr. Misc. no. 58693 of 2022, respectively. 3.

Learned counsel for the petitioner submits that the petitioner is having a clean antecedent and he is languishing in

Patna High Court CR. MISC. No.70028 of 2023(2) dt.24-11-2023 2/2 custody since 10.02.2021. He further submits that other accused persons have already been granted bail. Referring to the impugned order, learned counsel submits that out of 15 charge-sheeted witnesses, 04 have been examined. 4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of custody of the petitioner and slow progress of the trial and the fact that the petitioner is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of bail. 5.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of learned court of A.D.J.-XI, Darbhanga in connection with Darbhanga PS case no. 320 of 2020. It is further directed that the petitioner shall appear before the learned trial court on each and every date so fixed by the trial and in default of two consecutive appearances, the present privilege of regular bail shall liable to be cancelled. (Anil Kumar Sinha, J) rinkee/- U T