Patna High CourtCR. MISC./77442/2023allowed

Satyam Kumar Das @ Satyam Kumar v. The State Of Bihar

2024-02-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77442 of 2023 Arising Out of PS. Case No.-9 Year-2022 Thana- HARPUR District- Munger ====================================================== SATYAM KUMAR DAS @ SATYAM KUMAR S/O GARBHU DAS R/O VILAGE- BELADIH, P.O. MADHODIH, PS. HARPUR, DIST. MUNGER. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the state.

2. The instance application for regular bail has been filed by the petitioner in connection with Harpur P.S. Case No. 09 of 2022 instituted for the offence u/s 304(B)/34 of the Indian Penal Code.

3. Earlier the application for regular bail of the petitioner was rejected by order dated 2.5.2023 passed in Cr. Misc. No. 4972 of 2023 with a direction to trial court to expedite the trial.

4. In pursuance to the direction of this Court, a report dt. 19.1.2024 with regard to the present stage of trial has been received by which it appears that this case has been committed in the Court of sessions.

Patna High Court CR. MISC. No.77442 of 2023(3) dt.23-02-2024 2/2

5. It is submitted by learned counsel for the petitioner is that charge has been framed against the petitioner and chargesheet has been submitted u/s 306 of the IPC not in section 304B. It is also submitted that there is no hope to conclude the trial in near future. The petitioner is languishing in judicial custody since 7.4.2022.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Harpur P.S. Case No. 09 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger.

(Sunil Kumar Panwar, J) Amandeep/- U T