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Patna High CourtCR. MISC./84526/2024bail granted

Pawan Kumar @ Pawan Raj v. The State Of Bihar

2025-04-04Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84526 of 2024 Arising Out of PS. Case No.-563 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Pawan Kumar @ Pawan Raj Son of Bhagirath Prasad @ Bhagirath Prasad @ Bhagirath Yadav Resident of village- Deochand Pipra, PS- Fatehpur, DistrictGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This is the second attempt of the petitioner for grant of bail. Earlier his application was rejected vide order dated 01.03.2024 passed in Cr. Misc. No. 16926 of 2024.

3. The following order was passed on 01.03.2024: "1. Supplementary affidavit has been filed and the same is taken on record.

2. The following order was passed on 02.08.2023 in Cr. Misc. No. 47849 of 2023:- "Heard learned counsel for petitioner and learned Additional Public Prosecutor. Let the defect(s), if any, be removed within a period of four weeks from today. This application is filed for grant

Patna High Court CR. MISC. No.84526 of 2024(3) dt.04-04-2025 2/3 of regular bail in connection with Fatehpur P.S. Case No. 563 of 2022 registered under section 25(1-b)a/26 Arms Act.

Learned counsel for the petitioner submits that there is recovery of one country made pistol and live cartridges. The petitioner is in custody since 05.04.2023. The petitioner has antecedent of dacoity etc.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the nature of allegation and the antecedent of the petitioner, this application for regular bail is dismissed for the present."

3. I do not find any ground to review my earlier order.

4. This application is dismissed.

5. The court below is directed to expedite the trial of the petitioner."

4. The petitioner is in jail since 05.04.2023.

5. Considering the period of custody and the delay in trial, this application is allowed.

6. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, X, Gaya/concerned court in connection with Fatehpur P.S. Case No. 563 of 2022, subject to the condition that both the bailors should be the blood relative of the petitioner.

7. The petitioner will co-operate in the trial and will

Patna High Court CR. MISC. No.84526 of 2024(3) dt.04-04-2025 3/3 appear regularly through his lawyer or personally on the date fixed in the trial.

8. The petitioner is directed to mark his attendance in Fatehpur police station on every Sunday of the month. Failure to do so, will result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Saif/- U T