Allowed

Rajmani Kumar @ Rajmani Singh v. The State of Bihar

Patna HC7 Sept 2022CR. MISC./39986/2022

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner, representing his third attempt, considering the stalemate in trial progress and the petitioner's clean antecedent record despite charges under the Explosive Substance and UPA Acts.

What did the court decide?

Petitioner released on regular bail of Rs. 20,000 with two sureties of similar amount, conditioned to appear in trial.

Rajmani Kumar @ Rajmani Singh Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39986 of 2022

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Arising Out of PS. Case No.-119 Year-2019 Thana- WAJIRGANJ District- Gaya

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======================================================

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RAJMANI KUMAR @ RAJMANI SINGH Son of Ravindra Singh Resident of village- Bichha, P.S.- Wazirganj, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 07-09-2022 Heard the parties.

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The petitioner has renewed his prayer for regular bail in connection with Wazirganj PS Case No. 119 of 2019 (S.Trial No. 22/2022/13/2020/144/2020) registered under Section 3 / 4 of the Explosive Substance Act and Section 18 / 20 / 23 of the UPA Act inasmuch as earlier bail application of the petitioner vide Cr. Misc. Nos. 55184 / 2019 & 24033 of 2020 was rejected by this court by order dated 27.11.2019 & 05.04.2021 respectively.

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This is 3^rd attempt for bail on behalf of the petitioner. Earlier while rejecting the bail application of the petitioner on last occasion liberty was granted to the petitioner that he may renew his prayer for bail after competition of one year if the trial does not record any progress.

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Patna High Court CR. MISC. No.39986 of 2022(3) dt.07-09-2022 2/3

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As per the prosecution case some explosive substance as well as naxal literature were recovered from the possession of the petitioner. The petitioner is in custody since 09.04.2019.

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This court vide its order dated 03.08.2022 has called for a report regarding the stage of the trial and in pursuance there of learned A.D.J.-XV, Gaya has submitted its report and from perusal of the same it appears that from the date of last rejection of bail application none of the witnesses out of nine charge sheet witnesses has been examined by the prosecution.

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Taking into consideration the period of custody of the petitioner i.e. since 09.04.2019, the tardy progress of the trial, the fact that petitioner has got no criminal antecedent and this is third attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner.

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Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-XV, Gaya in connection with Wazirganj PS Case No. 119 of 2019 (S. Trial No. 22/2022/13/2020/144/2020) subject to the following condition:-

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(i) that the petitioner shall remain present

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Patna High Court CR. MISC. No.39986 of 2022(3) dt.07-09-2022 3/3

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on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Rajmani Kumar @ Rajmani Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajmani Kumar @ Rajmani Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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