Bhuar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83531 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Bhuar Kumar Son of Bunela Thakur, Resident of Village - Gawandra Bula Chak, P.S.- Chakiya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Chakiya P.S. Case No. 241 of 2018 for the offence punishable under Sections 341, 323, 354, 504, 506 of the Indian Penal Code and under Sections 8/10 of the POCSO Act.

This Court, by an order dated 26.03.2019 passed in Cr. Misc. No. 132340 of 2019, had granted liberty to the petitioner to renew his prayer for bail after six months in view of the fact that the allegation is regarding failed attempt to commit rape with the victim girl.

The learned counsel for the petitioner has submitted that the petitioner is in custody since 26.09.2018 and moreover, already a period of six months has lapsed from the earlier order

Patna High Court CR. MISC. No.83531 of 2019(2) dt.05-02-2020 2/2 passed by this Court on 26.03.2019. The learned counsel for the petitioner has further submitted that there is no progress in the trial whatsoever.

Having regard to the facts and circumstances of the case as also considering the observation made by this Court in its earlier order dated 26.03.2019, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, East Champaran, Motihari in connection with Chakiya P.S. Case No. 241 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T