Patna High CourtCR. MISC./20793/2015disposed

Navin Kumar Singh v. The State Of Bihar

2015-08-12Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20793 of 2015 Arising Out of PS.Case No. -125 Year- 2013 Thana -GARHPURA District- BEGUSARAI ====================================================== Navin Kumar Singh son of Late Keshri Nandan Singh Resident of VillageKanausi, P.S. Garhpura, District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. U.S.P.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-08-2015 Heard Mr. Thakur for the petitioner and Mr. U.S.P. Singh learned APP for the State.

This is repeat application seeking bail in connection with Garhpura P.S. Case No. 125 of 2013 in the light of the observation made by this Court in the previous order dated 23.09.2014 (Annexure-1).

It has been submitted that the petitioner is alleged to have inflicted Farsa blow on the head of the nephew of the informant and is facing accusation punishable under section 307 IPC. He is languishing in jail since 12.02.2014. Referring to the averment made in paragraph 14, it has been submitted that the case is still pending for appearance of the accuseds. Learned counsel for the State, on the other hand, points

Patna High Court Cr.Misc. No.20793 of 2015 (2) dt.12-08-2015 2/2 out that the charges have not till date been framed owing to non appearance of the accuseds.

Considering the submissions of the parties this Court disposes of the application by the following order:- Let the trial court take steps for framing of charges against the accused persons. No sooner the charges are framed, the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to its satisfaction in Garhpura P.S. Case No. 125 of 2013 on condition that one of the bailors of the petitioner shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall cancel his bail bonds. (Kishore Kumar Mandal, J) HR/- U T