Patna High CourtCR. MISC./78054/2023bail granted

Tribhuwan Kumar @ Tribhuban Kumar v. The State Of Bihar

2024-02-16Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78054 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== TRIBHUWAN KUMAR @ TRIBHUBAN KUMAR SON OF LALJI YADAV @ LALITESHWAR PRASAD YADAV @ LALITESHWAR RAY RESIDENT OF VILLAGE - PACHARA NIMAHI, P.O. - PACHRA, P.S. - BAJPATTI, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-02-2024 The petitioner has moved for bail against the rejection order of this Court in the Hon'ble Supreme Court and the following order was passed on 31.07.2023: "Delay Condoned.

Having heard learned counsel for the petitioner, we see no reason to interfere with the impugned order at this stage.

However, the petitioner may exercise his option to seek for bail after some time.

The special leave petition stands disposed of. Pending application(s) shall also stand disposed of."

2. Considering the fact that the Hon'ble Supreme Court had observed that the petitioner may renew his prayer for bail after sometime, this application is being considered.

3. Heard learned counsel for the petitioner and learned

Patna High Court CR. MISC. No.78054 of 2023(3) dt.16-02-2024 2/3 Additional Public Prosecutor for the State.

4. This is the second bail application of the petitioner which was earlier rejected on 04.03.2023.

5. The petitioner is in custody since 01.08.2022 in connection with Bajpatti P.S. Case No. 235 of 2022 registered for the offence punishable under Sections 25(1-b)a, 26/35 Arms Act. of the Indian Penal Code.

6. As per the prosecution case, the petitioner is alleged to have been caught while preparing for loot.

7. Learned counsel for the petitioner submits that out of 8 chargesheeted witnesses only one witness has been examined.

8. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

9. Considering the period of custody and also the delay in trial, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional and Sessions Judge, IX, Sitamarhi in connection with Bajpatti P.S. Case No. 235 of 2022.

10. The petitioner is directed to mark his attendance in Bajpatii Police Station on First Sunday and last Sunday of every

Patna High Court CR. MISC. No.78054 of 2023(3) dt.16-02-2024 3/3 month. Failure to do so, will result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Saif/- U T