An accused is entitled to bail after framing of charge, if he has been in custody for a long period and there is no likelihood of his absconding or tampering with the evidence.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69056 of 2022

Arising Out of PS. Case No.-315 Year-2020 Thana- BEGUSARAI MUFFASIL District-

Begusarai

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

RAJO SINGH @ RAJESH SINGH @ RAJEEB SINGH Son of Late Kesho

Singh @ Kesho Singh @ Kiso Singh R/V- Hanumangadhi, ward no. 45, P.S-

Muffasil, Dist- Begusarai

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Y.C. Verma, Sr. Adv.

Mr.Sandip Kumar Gautam

For the Opposite Party/s :

Mr.Nagendra Prasad

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

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

3

11-01-2023

Heard the parties.

Petitioner has renewed his prayer for regular bail in

connection with Muffasil PS Case No. 315 of 2020 registered

under Section 341, 323, 324, 307, 379, 34 of the I.P.C. and

Section 27 of the Arms Act, later on Section 302 of the I.P.C.

added.

This is second attempt for bail on behalf of the

petitioner inasmuch as earlier bail application of the petitioner

vide Cr. Misc. No. 31919 of 2021 was dismissed as withdrawn

by order dated 29.03.2022 with liberty to the petitioner to renew

his prayer for bail after six months.

Mr. Y.C. Verma, learned senior counsel for the

Patna High Court CR. MISC. No.69056 of 2022(3) dt.11-01-2023

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petitioner submits that as per the First Information Report the

petitioner instigated his son to fire upon the deceased and upon

such instigation the son of the petitioner namely, Ghutar Singh

fired upon the deceased- Golu Kumar (informant’s son), due to

which he died. In other words, the petitioner at best is an order

giver.

On the other hand, learned counsel for the informant

oppose the prayer for bail and submits that petitioner is in

custody since 10^th February, 2021 but charges have not yet been

framed against the petitioner.

This court vide its order dated 07.12.2022 had called

for a report from the trial court regarding the present stage of the

trial and pursuant thereto learned J.M. -Ist Class, Begusarai

submitted her report vide letter no. 215 / 2022 stating therein

that the case has been committed to the court of sessions on

16.12.2022.

Having heard learned counsel for the parties, taking

into consideration the fact that petitioner is in custody since

10.02.2021 and this is 2^nd attempt for bail on behalf of the

petitioner, accordingly, I am inclined to grant regular bail to the

petitioner after framing of charge.

Let the petitioner, above named, be released on

Patna High Court CR. MISC. No.69056 of 2022(3) dt.11-01-2023

3/3

regular bail after framing of charge on furnishing bail bond of

Rs. 20000 /- ( twenty thousand) with two sureties of the like

amount each to the satisfaction of Sessions Judge, Begusarai /

concerned court in connection with Muffasil P.S. Case No. 315

of 2020.

Learned trial court is directed to take steps for

framing of charge as early as possible preferably within a period

of one month if charge has not yet been framed.

praful/-

(Anil Kumar Sinha, J)

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