Bahadur Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.17137 of 2014 (4) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17137 of 2014 Arising Out of PS.Case No. -277 Year- 2012 Thana -MANER District- PATNA ======================================================

1. Bahadur Rai Son Shri Sabha Rai resident of village- Byapur, P.S.- Maner, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s Mr. Umeshanand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 14.01.2015 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

It would appear from perusal of order dated 07.10.2013 passed in Cr. Misc. no. 20798/2013 prayer for bail of the petitioner was rejected by this court in presence of learned counsel for the informant and furthermore, it is apparent from the record that petitioner is languishing in jail custody since 25.09.2012 on the accusation that he gave single iron rod blow to the deceased. The learned trial court has reported that charge was framed against the petitioner on 08.07.2014 and up till now, not a single prosecution witness could be examined.

It appears to me that prosecution party intentionally wants to put the petitioner behind bar without any trial. Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.17137 of 2014 (4) dt.14-01-2015 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge V, Danapur in Sessions trial no. 1207/2013 arising out of Maner P.S. Case no. 277/2012.

shahid (Hemant Kumar Srivastava,J) U T