High Court of Patna granted bail to the petitioner in a Section 304(B) IPC matter, noting over two and a half years of custody and lack of trial progress.
Petitioner released on personal bond to the satisfaction of the learned Additional Sessions Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19613 of 2021
Arising Out of PS. Case No.-602 Year-2018 Thana- BAGHA District- West Champaran
SHEO SHANKAR SAHANI @ SHIV SHANKAR SAHANI SON OF LALAN SAHNI @ LALAN CHOUDHARI RESIDENT OF VILLAGENADDA KHEKHARIYA TOLA, P.S.- BHAIROGANJ (BAGAHA), DISTT.WEST CHAMPARAN.
... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 08-09-2021
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with S.Tr. No. 171 of 2019 arising out of Bagaha P.S. Case No. 602 of 2018 for the offence under Sections 304(B) of the Indian Penal Code.
Earlier the prayer for bail of this petitioner had twice been rejected by this Court vide order dated 09.07.2019 and 24.06.2020 passed in Cr. Misc. No. 29032 of 2019 and Cr. Misc. No. 7737 of 2020, respectively.
Learned counsel for the petitioner submits that the petitioner is rotting in judicial custody since 10.12.2018 i.e. more than two and half years and there is no substantial
Patna High Court CR. MISC. No.19613 of 2021(3) dt.08-09-2021 2/2
progress in the trial. On the ground of custody, the petitioner
has again renewed his prayer for bail.
A report was called for and the same has been received. From perusal of the same, it appears that out of five witnesses, no one has been examined as yet.
Learned A.P.P. for the State does not refute the present stage of the trial.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned 1st , Additional Sessions Judge, Bagaha, West Champaran in connection with S.T. No. 171 of 2019 arising out of Bagaha (Bhairoganj) P.S. Case No. 602 of 2018.
(Arvind Srivastava, J)
brajesh/- U T
1 issue framed by the court
Whether to grant bail to the petitioner in connection with Section 304(B) IPC charge.
Sheo Shankar Sahani @ Shiv Shankar Sahani
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
