Disposed

Suraj Kumar v. The State of Bihar

Patna HC10 Apr 2024CR. MISC./7880/2024

Case brief

AI extract

What is this about?

Regular bail sought in a murder case where an earlier bail rejection had directed the trial to conclude within nine months without result. The court again directed conclusion of the trial within nine months, failing which bail would follow under stated conditions.

What did the court decide?

Conditional bail: bail bonds of Rs. 30,000 with two sureties if trial not concluded within nine months, subject to specified conditions.

Suraj Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7880 of 2024

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Arising Out of PS. Case No.-85 Year-2022 Thana- KAJRA District- Lakhisarai

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

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Suraj Kumar Son of Nand Kishor Ram R/o vill - Manjhiyama, P.S. - Kajra, Distt. - Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP For the Informant/s : Mr. Amit Kumar Singh, Adv. Ms. Laxmi Kumari, Adv. Mr. Rajeev Ranjan, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 10-04-2024

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned A.P.P. for the State.

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The petitioner seeks regular bail in connection with Kajra P.S. Case No. 85 of 2022 dated 11.07.2022, lodged under Sections 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.

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Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 25.02.2023 passed in Cr. Misc. No. 62771 of 2022 with direction to the Trial Court to expedite the trial and conclude within nine months. He submits that the petitioner is in custody since 11.07.2022 having clean antecedent. He further submits that 14 months have crossed from the date of earlier

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Patna High Court CR. MISC. No.7880 of 2024(3) dt.10-04-2024 2/3

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rejection order but no progress took place. He further submits that on earlier occasion, progress report of the trial has been called for from the Trial Court which has been attached.

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Learned A.P.P. for the State opposes the prayer for

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bail.

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Learned counsel for the informant vehemently opposes the prayer for bail and submits that petitioner is the kingpin and his bail application may not be allowed.

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Upon the query of the Court that within what period the informant and other persons being the prosecution witness shall adduce their evidence, the informant’s counsel is not in a position to say anything.

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In this view of the matter, this Court hereby again directs the Trial Court to conclude the trial within further nine months. If trial shall not be concluded within the said period, the petitioner above named, shall be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Sessions Trial No. 345 of 2022 arising out of Kajra P.S. Case No. 85 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

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Patna High Court CR. MISC. No.7880 of 2024(3) dt.10-04-2024 3/3

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(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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With this observation, the bail application stands disposed of.

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(Dr. Anshuman, J)

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sadique/-

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U T

Suraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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