Patna High CourtCR. MISC./16751/2015bail granted

Bhikhari Sah v. The State Of Bihar

2015-04-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16751 of 2015 Arising Out of PS.Case No. -64 Year- 2008 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhikhari Sah S/o Kishun Sah All Resident of Village - Uchidih P.s - Palanwa District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Trial No. 2004 of 2015 arising out of Raxaul P.S. Case No. 64 of 2008 registered under section 392 of the Indian Penal Code. It has been contended that the petitioner is in custody since 18th January, 2014 and till date only charge has been framed but no witness has been examined on behalf of the prosecution. The prayer for bail of the petitioner was earlier rejected by this Court on 15th September, 2014 in Cr.Misc. No. 30358 of 2014 with the following observations :- "The Sub-divisional Judicial Magistrate, Raxaul at Motihari is directed to hold the trial on dayto-day basis and conclude the same as early as possible preferably within six months from the

Patna High Court Cr.Misc. No.16751 of 2015 (2) dt.22-04-2015 2/2 date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail."

In view of the observations made in the aforesaid order dated 15th September, 2014, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri N.K.Priyadarshi, Judicial Magistrate 1st Class, Raxaul at Motihari, East Champaran in connection with Tr. No.2004 of 2015 arising out of Raxaul P.S. Case No. 64 of 2008.

(Ashwani Kumar Singh, J) Pradeep/- U T