Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78006 of 2023 Arising Out of PS. Case No.-102 Year-2021 Thana- DANIYAWAN District- Patna ====================================================== Sanjeev Kumar Son of Devendra Yadav @ Devindra Gope R/O Mohalla - Habipura, P.S. - Sohsarai, Distt. - Nalanda ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-05-2024
1. Heard learned counsel appearing for the parties.
2. The present bail petition arises out of Daniyawan P.S. Case No. 102 of 2021, District- Patna.
3. Only reason, as advanced for granting bail to this petitioner on this third occasion, is that trial of this case, despite giving further six months extended time period was not concluded, while rejecting the prayer of bail of petitioner on second occasion through Cr. Misc. No. 13466 of 2023 vide order dated 05.04.2023, where petitioner is in custody since 08.08.2021 .
4. It appears from the report of learned trial court dated 22.04.2024 that still matter is pending for prosecution evidence i.e. for want of certification report.
Patna High Court CR. MISC. No.78006 of 2023(8) dt.10-05-2024 2/2
5. Considering the aforesaid, as despite giving sufficient opportunity, learned trial court failed to conclude the trial, where petitioner is in custody since 08.08.2021, accordingly, above named petitioner is directed to be released on bail in connection with Special Case No. 96 of 2021 arising out of Daniyawan P.S. Case No. 102 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, XXVI, Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C., with further condition:
"(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the trial Court till conclusion of the trial and exemption from physical appearance be allowed by the trial Court, only on medical ground of the petitioner, duly supported by the documents."
(Chandra Shekhar Jha, J) archana/- U T