Arvind Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.8812 of 2015 (2) dt.11-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8812 of 2015 Arising Out of PS.Case No. -124 Year- 2010 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Arvind Rai, S/o Jawahir Rai, resident of village- Madhopur, P.S. - Maniyari, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sinha, Adv. For the Opposite Party/s : M. Rub, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody since 29th December, 2011 seeks bail in connection with Session Trial No. 765 of 2012 arising out of Maniyari P.S. Case No. 124 of 2010 registered under Sections 324, 307, 447 and 120B of the Indian Penal Code and 27 of the Arms Act.

The prayer for bail of the petitioner was rejected earlier by this Court on 9th October, 2013 in Cr.

Misc.

No.

21300 of with following observations:

"In that view of the matter I direct the 9th Additional Sessions Judge, Muzaffarpur before whom the Sessions Trial No. 765 of 2012/03 of 2013 is pending to expedite the trial and conclude the same as early as possible. In case the trial is not

Patna High Court Cr.Misc. No.8812 of 2015 (2) dt.11-03-2015 concluded within one year from the date of receipt/production of a copy of this order, the petitioner would be at liberty to renew his prayer for bail."

It has been contended that the order dated 09.10.2013 passed by this Court was received in the court below on 07th February, 2013 and since then in last one year there is no progress in trial. It has further been submitted that despite several reminders, no witness has turned up except one Ramjee Ram, who was examined on 09th July, 2014.

Regard being had to the observations made by this Court in the aforesaid order dated 09th October, 2013, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) of the like amount each to the satisfaction of learned 6th Additional Session Judge, Muzaffarpur in connection with Session Trial No. 765 of 2012 arising out of Maniyari P.S. Case No. 124 of 2010.

(Ashwani Kumar Singh, J.) Vats/- U T