Bhim Turi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3577 of 2023 Arising Out of PS. Case No.-233 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== BHIM TURI S/o Late Baldev Turi R/o Village/Mohalla- Ubhi ban barsa P.S.- Bariarpur, District Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ravindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 120B, 121(A), 124(A) of the Indian Penal Code and under Section 3 /4 of the Explosive Substance Act and under Section 25(1-b)a, 26(i)(ii) /35 of the Arms Act and under Section 10, 13, 16, 18, 20, 21 of the U.A.P. Act.

Learned counsel for the petitioner submits that this is the third attempt of the petitioner to seek regular bail as earlier by order dated 11.01.2022 and 20.07.2022 in Criminal Miscellaneous Nos. 38908 of 2021 and 36555 of 2022 respectively, the bail applications of the petitioner were rejected, it is next submitted that by order dated 18.01.2023, a report was called from the learned Trial Court with regard to the stage of the trial in the

Patna High Court CR. MISC. No.3577 of 2023(3) dt.15-03-2023 2/2 present case and from perusal of the report, it would manifest that out of 11 only 3 witnesses have been examined till date. The learned counsel for the petitioner thus submits that the trial will not conclude in near future and the petitioner is in custody since 05.09.2020 and the allegation against him is of recovery of 28 cartridges only.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submission made by the learned counsel for the petitioner and the period of custody of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Kharagpur P.S. Case No. 233 of 2020.

However, in the event, if the petitioner after his release does not appear in the trial on two consecutive dates, the learned Trial Court shall be at liberty to forthwith cancel his bail bonds. (Satyavrat Verma, J) Rishabh/- U T