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Patna High CourtCR. MISC./86236/2023bail granted

Rahul Kumar v. The State Of Bihar

2024-02-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86236 of 2023 Arising Out of PS. Case No.-139 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rahul Kumar, Son of Om Prakash Rai R/o Village- Adupur, P.S.- Surajgarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Surajgarha P.S. Case No. 139 of 2020, lodged on 11.07.2020 under Sections 147, 149, 341, 323, 307, 504, 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 16.10.2023 passed in Cr. Misc. No. 66631 of 2023 with liberty to the petitioner that he may renew his prayer for bail after framing of charge. Counsel further submits that vide Annexure3, it transpires that the charge has already been framed in this case on 30.11.2023.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.86236 of 2023(3) dt.09-02-2024 2/2 petitioner is in custody since 17.08.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that a report has been called for in this case vide order no.2 dated 05.01.2024 and it transpires that till date, no prosecution witnesses have been examined.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Lakhisarai in connection with Surajgarha P.S. Case No. 139 of 2020, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T