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Patna High CourtCR. MISC./71609/2024bail granted

Santosh Kumar Sah v. The State Of Bihar

2025-04-18Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71609 of 2024 Arising Out of PS. Case No.-553 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Santosh Kumar Sah S/o- Awadh Kishore Sah Village- Salarpur Ps- Parbatta Dist- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73221 of 2024 Arising Out of PS. Case No.-553 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Mantu Thakur @ Jitendra Kumar @ Jitendra Kumar Sah Son of Late Suresh Thakur R/O Vill.- Kulharia Satarpur, P.S.- Parbatta, Dist.- Khagaria. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 71609 of 2024) For the Petitioner/s :

Mr.Piyush Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 73221 of 2024) For the Petitioner/s :

Mr.Jai Vardhan Narayan, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2025 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.

2. The petitioner of both the cases, seeks regular bail in connection with Parbatta P.S. Case No. 553 of 2023 (G.R. No.4193 of 2023) lodged under Sections 25(1-b)a, 26 and 35 of

Patna High Court CR. MISC. No.71609 of 2024(4) dt.18-04-2025 2/3 the Arms Act.

3. Learned counsel for the petitioner of both cases submits that the bail application of the petitioners have earlier been rejected vide order dated 29.05.2024 passed in Cr. Misc. No.39167 of 2024 and vide order dated 29.05.2024 passed in Cr. Misc. No.39318 of 2024 in which liberty was granted to them to renew their prayer for bail six months after framing of charge, if not framed or if already framed, then three months from today, whichever in earlier.

4. Learned counsel for the petitioners further submits that antecedent of the petitioners is clean and they are in custody since 05.12.2023. He further submits that progress of the trial has been called for.

5. Learned counsel for the State opposes the prayer for bail and submits that from the progress report, it transpires that 3 witnesses have already been examined and for the rest, process has been issued.

6. In the present facts and circumstances of this case and the submissions made above, it transpires to this Court that no purpose shall be served keeping petitioners in custody. As such, let the petitioner of both cases above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) each with two sureties of the like amount each

Patna High Court CR. MISC. No.71609 of 2024(4) dt.18-04-2025 3/3 to the satisfaction of S.D.J.M., Khagaria in connection with Parbatta P.S. Case No. 553 of 2023 (G.R. No.4193 of 2023), subject to the conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T