Puran Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71551 of 2023 Arising Out of PS. Case No.-134 Year-2021 Thana- SARE District- Nalanda ====================================================== Puran Vishwakarma, Son of Late Bhneshwar Vishwakarma @ Late Bhuneshwar Vishwakarma, Village- Samachak P.S.- Barbigha, DistSheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Sharma, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-01-2024

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

2. Petitioner seeks regular bail in connection with Sare P.S. Case No. 134 of 2021 dated 03.11.2021 registered for the offence(s) punishable under Section(s) 392, 506, 504 and 323 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that this is second attempt of the petitioner to get the relief of regular bail as his earlier bail prayer was rejected by this Bench vide order dated 23.11.2022 passed in Cr. Misc. No. 43421/2022 and petitioner has again come before this Court mainly on the ground of his long custody period as well as no significant progress in his trial and in this regard, report sent by the trial court regarding

Patna High Court CR. MISC. No.71551 of 2023(3) dt.19-01-2024 2/2 status of his trial may be perused and the petitioner has been languishing in jail since 04.11.2021.

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

5. Considering the above submissions and mainly taking into account the status of the petitioner's trial as appears from the report sent by the trial court which goes to show that the charges were framed upon the petitioner on 24.08.2022 and thereafter, no significant progress has been made in his trial and till the date of sending the said report, no prosecution witness was produced and examined by the prosecution which shows lingering attitude of the prosecution and as per petitioner's counsel, the petitioner has got bail in all the cases of his criminal antecedents, 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 Court concerned in connection with Sare P.S. Case No. 134 of 2021. (Shailendra Singh, J) annu/- U