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Patna High CourtCR. MISC./1882/2024allowed

Nitish Kumar @ Amrit Raj v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1882 of 2024 Arising Out of PS. Case No.-288 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Nitish Kumar @ Amrit Raj S/o - Shaligram Prasad Yadav @ Shaligram Khirhari R/o Vill.- Bhudharni,P.S.- Haweli Kharagpur,Dist.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Earlier, as per order dated 21.06.2023, bail of the petitioner was rejected by this Bench with a direction to the trial Court to expedite and conclude the trial as soon as possible.

3. The petitioner has prayed for regular bail in this case registered for the offence punishable under Sections 120B and 414 of IPC, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 8(c), 21(c), 25 and 35 of the N.D.P.S. Act.

4. From the perusal of the progress report dated 18.01.2024, it appears that this case is fix for framing of charge against the petitioner and the trial is likely to be concluded in next nine months.

Patna High Court CR. MISC. No.1882 of 2024(3) dt.23-02-2024 2/2

5. Learned counsel for the petitioner submitted that there is no hope to conclude the trial in the near future because the charge has not been framed against the petitioner as yet, whereas the petitioner is languishing in judicial custody since 04.12.2021.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 288 of 2021 on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Begusarai. (Sunil Kumar Panwar, J) Arish/- U T