Akash Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1346 of 2025 Arising Out of PS. Case No.-224 Year-2021 Thana- DHANAHA District- West Champaran ====================================================== Akash Kushwaha S/O Late Bhola Kushwaha R/o/V - Dawnaha, P.S - Dhanha, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Milind Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-01-2025 Heard Mr. Milind Kumar Mishra, learned counsel for the Petitioner and Mr. Arun Kumar Singh, learned APP for the State.
2. Petitioner seeks regular bail in connection with S.Tr. No. 567 of 2024 arising out of Dhanha P.S. Case No. 224 of 2021 registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.
3. Learned counsel appearing for the petitioner submits that it is the third attempt of the petitioner to get the relief of regular bail and by last rejection order dated 13.09.2024 passed in Cr. Misc. No. 32163 of 2024, the petitioner was given a liberty to renew his bail prayer after the examination of three material witnesses of the prosecution who are said to be the informant, daughter of the deceased and one Murari Kushwaha
Patna High Court CR. MISC. No.1346 of 2025(2) dt.17-01-2025 2/3 and thereafter, the said three witnesses have been examined and in this regard, the deposition's copy of the said witnesses have been filed as Annexure-P/3. It is further submitted that the petitioner has been languishing in jail since 12.09.2022 and in the chargesheet, more than ten prosecution witnesses have been shown out of them only three have been completely examined who are said to be the material witnesses of the prosecution and there is no chance of conclusion of the petitioner's trial in near future in view of the lingering attitude of the prosecution. It is further submitted that several co-accused namely, Chhote Bharti, Jaichand Kushwaha, Guddu Gupta and Shivcharan Nishad have been granted bail by coordinate Benches of this Court vide orders passed in Cr. Misc. Nos. 28615 of 2022, 45627 of 2022, 46712 of 2022 and 46756 of 2022 respectively.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Having considered the above submissions advanced by petitioner's counsel, this Court is now inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection
Patna High Court CR. MISC. No.1346 of 2025(2) dt.17-01-2025 3/3 with S.Tr. No. 567 of 2024 arising out of Dhanha P.S. Case No. 224 of 2021.
(Shailendra Singh, J) maynaz/- U T