Akhilesh Rai @ Kamlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76596 of 2023 Arising Out of PS. Case No.-7 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== AKHILESH RAI @ KAMLESH RAI S/O RAM NARESH RAI @ NANHKI RAI R/O VILLAGE- BHAGWANPUR DESUA, P.S- UJIYARPUR, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate :

Mr. Ravi Prakash, Advocate :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Ms.Dr. Indiwar Kumari ====================================================== 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 fourth attempt at the behest of the petitioner for grant of regular bail in connection with Ujiyarpur PS case no. 7 of 2020, registered under Sections 304(B), 201, 34 of the Indian Penal Code, inasmuch as earlier, the prayers of the petitioner for grant of bail were rejected by this Court vide orders dated 15.01.2021 and 29.06.2022, passed in Cr. Misc. no. 30146 of 2020 and Cr. Misc. no. 22209 of 2022 respectively and the third one is Cr. Misc. no. 12964 of 2023, which was dismissed as withdrawn vide order dated 15.03.2023.

Patna High Court CR. MISC. No.76596 of 2023(2) dt.24-11-2023 2/2 3.

Learned counsel for the petitioner has submitted that there is no substantial progress in the trial and the petitioner is languishing in custody since 13.02.2020.

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 incarceration, 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 Additional Sessions Judge-XI, Samastipur in connection with Ujiyarpur PS case no. 07 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