Premnath Maurya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74627 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- DHANAHA District- West Champaran ====================================================== 1.
PREMNATH MAURYA S/O KAILASH MAURYA Resident of villageBelwaniya, P.S.- Khalilabad, District- Sant Kabir Nagar (U.P.). 2.
NAND KISHORE PRASAD @ NAND KISHORE PRAJAPATI S/O LAKSHMAN PRASAD PRAJAPATI @ LAKSHMAN PRASAD Resident of village- Padrouna, P.S.- Padrouna, District- Kushinagar (U.P.). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vipin Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned senior counsel for the petitioners and learned A.P.P. for the State.
Learned senior counsel submits that this is the second attempt of the petitioner to seek bail as earlier by order dated 17.02.2022 in Cr. Misc. No. 47620 of 2021, the regular bail application of the petitioners were rejected with an observation that the Court, for the present, is not inclined to grant bail to the petitioners. It is next submitted that there are 36 prosecution witnesses to be examined out of which four witnesses have been examined, still 32 remained to be examined and, as such, the trial will take a much longer time, it is also submitted that it is a case under Section 420 read with other Sections of the I.P.C. and
Patna High Court CR. MISC. No.74627 of 2022(2) dt.04-01-2023 2/2 the contention of the petitioners, in detail, was recorded in the order dated 17.02.2022 in Cr. Misc. No. 47620 of 2021. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.
Considering the fact that the petitioners are in custody since 27.01.2021, charge-sheet has been submitted in the case and the petitioners are persons with clean antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhanaha P.S. Case No. 19 of 2021. Further, in the event, if the learned Trial Court comes to a conclusion that petitioners, after their release, are trying to delay the trial in any manner, then the learned Trial Court, after giving an opportunity of hearing to the petitioners, shall be at liberty to cancel their bail bonds. (Satyavrat Verma, J) HarshPandey/- U T