Patna High CourtCR. MISC./3880/2024bail granted

Bhawesh Kumar @Bhawesh v. The State Of Bihar

2024-02-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3880 of 2024 Arising Out of PS. Case No.-707 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Bhawesh Kumar @Bhawesh S/O Mahendra Yadav R/O Village-Khairaganj, Ward No. 31, P.S.-SADAR District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with S.T. Case no. 241 of 2023 arising out of Sadar P.S. Case no. 707 of 2022 registered under sections 307, 326 and 34 of the Indian Penal Code and sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. As per the prosecution case, as a result of firing resorted to by the accused persons, the informant sustained gun shot injury in his hand.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 19.5.2023 (Annexure-2) passed in Cr. Misc. no. 24552 of 2023 giving liberty to the petitioner to renew his prayer for bail after 6 months or after framing of charge, whichever is later. It

Patna High Court CR. MISC. No.3880 of 2024(2) dt.02-02-2024 2/2 is submitted that more than 6 months have passed since the order of last rejection and charge has been framed against the petitioner in the learned trial Court vide order contained in Annexure- 3 to the petition.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner being in custody since 20.9.2022, the liberty granted in the earlier order of rejection dated 19.5.2023 and charge having been framed against the petitioner in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with S.T. Case no. 241 of 2023 arising out of Sadar P.S. Case no. 707 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- 4th, Purnea.

(Partha Sarthy, J) Harsh/- U T