An accused cannot be kept in custody indefinitely as an undertrial prisoner, especially when the prosecution sanction is delayed and the trial is not likely to be concluded in the near future.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27344 of 2022

Arising Out of PS. Case No.-157 Year-2019 Thana- CHANAN District- Lakhisarai

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

Sanjay Koda Son Of Muneshwar Koda @ Bhuneshwar Koda R/O- Vill-

Chaihroun, P.S.- Chanan, Dist.- Lakhisarai

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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

Appearance :

For the Petitioner/s

:

Mr.Ravindra Kumar, Advocate

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP

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

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

4

04-01-2023

At the outset, Mr. Ravindra Kumar, learned counsel

for the petitioner prays for allowing him to delete paragraph ‘9’

from the petition. According to him, the said paragraph does not

pertain to this case and has been wrongly entered in the petition

in course of typing.

Permission is granted. Paragraph ‘9’ be taken to have

been deleted.

Heard learned counsel for the petitioner and Mr.

Narendra Kumar Singh, learned A.P.P. for the State.

This is the second attempt of the petitioner to obtain

bail in connection with Chanan P.S. Case No. 157 of 2019,

lodged under Section 147, 148, 149, 307, 353, 120-B of the

Indian Penal Code, Sections 25(1-b)a, 26, 27, 35 of Arms Act

and Sections 16, 18, 19 and 20 of Unlawful Activities

Prevention Act.

Patna High Court CR. MISC. No.27344 of 2022(4) dt.04-01-2023

2/4

Earlier the prayer for bail of the petitioner was

rejected by this court at the said stage vide order dated

28.10.2021 passed in Cr. Misc. No. 19514 of 2021.

Learned counsel for the petitioner submits that the

prayer for bail of the petitioner was rejected mainly on the

ground that the petitioner had got nine criminal antecedents and

his release at this stage may result in delaying the conclusion of

trial and threatening of witnesses.

Learned counsel submits that on bare perusal of the

First Information Report, it would appear that the name of the

petitioner has been brought in this case by the informant who is

a police personnel saying that he heard the naxalis saying about

eight names including that of this petitioner and they were

talking to take help from them. Learned counsel submits that

save and except this vague statement in the FIR, there is no

other material against the petitioner. Who was taking the name

of the petitioner and how the informant heard all the names,

remembered the same and lodged the FIR on the next date of

occurrence are highly suspicious.

Learned counsel submits that from the report of the

learned Additional Chief Judicial Magistrate – 1^st Court,

Lakhisarai, it would appear that the case is still fixed on the

Patna High Court CR. MISC. No.27344 of 2022(4) dt.04-01-2023

3/4

point of cognizance. The prosecution sanction has still not been

granted in this case. It is submitted that the petitioner has

remained in custody since 13.11.2020, therefore, in the given

circumstances, at this stage, he deserves privilege of bail.

Learned A.P.P. for the State has opposed the prayer for

bail of the petitioner, but considering the facts and

circumstances of the case, the earlier observations of this Court

and on finding that despite the petitioner having remained in

custody for over two years till dated even prosecution sanction

has not been granted and the case is still pending on the point of

cognizance and the trial is not likely to be concluded in the near

future, this Court is of the considered opinion that the petitioner

cannot be kept in custody for an indefinite period as an under-

trial prisoner. This Court, therefore, directs release of the

petitioner above-named on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties

of the like amount each to the satisfaction of learned Additional

Chief Judicial Magistra