Kalektar Pandey @ Kalaktar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61849 of 2019 Arising Out of PS. Case No.-5 Year-2018 Thana- BAGENGOLA District- Buxar ====================================================== KALEKTAR PANDEY @ KALAKTAR PANDEY Son of Late Kedar Nath Pandey Resident of Village- Piparadh, P.S.- Bagen Gola, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Adv For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is in custody since 06.03.2018. Allegation is that the petitioner had caused firearm injury at the chest of the informant.

Earlier prayer for bail was refused on 05.11.2018 with direction to the learned Trial Judge to expedite and conclude the trial preferably within nine months and liberty was allowed to the petitioner to renew the prayer if the trial is not concluded within that period.

The report of the learned Trial Judge dated 25.11.2019 reveals that only one witness has been examined so

Patna High Court CR. MISC. No.61849 of 2019(3) dt.28-11-2019 2/2 far however it has been informed to the Court that one more witness has been examined thereafter. The report reveals that the learned Trial Court needs further nine months time to conclude the trial.

Learned counsel for the informant opposed the prayer for bail.

Considering the entire facts especially the period already undergone by the petitioner as undertrial prisoner and undertaking of the petitioner to cooperate with the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S. Tr. No.169 of 2018, arising out of Bagengola Police Station Case No.05 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T