Surya Sonkar@ Suraj Sonkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39264 of 2023 Arising Out of PS. Case No.-33 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== SURYA SONKAR @ SURAJ SONKAR SON OF LATE SIYARAM SONKAR RESIDENT OF VILLAGE - DRIVER TOLA, SANGRAM CHOWK, WARD NO. 16, PS- KATIHAR TOWN, DISTT- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Ajit Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-12-2023 Heard Mr. Sanjeev Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.
2. Petitioner seeks bail in connection with Katihar Nagar P.S. Case No. 33 of 2021 registered under Sections 147, 148, 149, 341, 323, 324, 307 and 506 of the Indian Penal Code.
3. Petitioner has earlier moved before this court for grant of regular bail twice by filing Cr. Misc. Nos. 43614 of 2021 and 67900 of 2022 which were rejected by this Court vide orders dated 13.04.2022 and 04.01.2023.
4. The allegation against the petitioner is of assaulting the brother of the informant namely Shrawan Chouhan by means of iron rod, bamboo, bricks and sharp cutting weapons.
Patna High Court CR. MISC. No.39264 of 2023(3) dt.22-12-2023 2/3
5. It has been informed by learned counsel appearing on behalf of the petitioner that no progress has taken place in conduct of the trial and the petitioner is in custody since 21.01.2021.
6. Considering the fact that no progress has taken place in conduct of the trial and the petitioner is in custody since 21.01.2021, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-III, Katihar in connection with Katihar Nagar P.S. Case No. 33 of 2021, subject to the condition that the petitioner must file an undertaking that he will not indulge in such crime in future along with the undertaking of two responsible persons of the village and also subject to following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.39264 of 2023(3) dt.22-12-2023 3/3 to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
7. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T