Patna High CourtCR. MISC./13685/2016bail granted

Md. Farmood v. The State Of Bihar

2016-05-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13685 of 2016 Arising Out of PS.Case No. -157 Year- 2006 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Farmood Son of Late Taslim @ Premi, Resident of village- Mirzapur, Bardah, P.S.- Muffasil, District- Munger .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s : Mr. R.N. Jha , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-05-2016 Learned counsel for the petitioner seeks leave to make necessary correction in the prayer portion of the application.

Leave is granted.

Let the correction be made in course of the day. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Sessions Trial No. 623 of 2013 arising out of Muffasil P. S. Case No. 157 of 2006 registered under Sections 25(1-A), 25(1AA), 25(1-B)(a) &(c), 26(1)(2)(3) and 35 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court, vide order dated 14th October, 2014 and

Patna High Court Cr.Misc. No.13685 of 2016 (3) dt.04-05-2016 2/2 the trial Court was directed to expedite the trial and conclude the same as early as possible.

On the submission made by the learned counsel for the petitioner that though the charges were made on 14.11.2014, no witness has been examined on behalf of the prosecution till date, an explanation was called for from the Additional Sessions Judge-III, Munger, vide order dated 14.10.2014. The learned Additional Sessions Judge, III, Munger has submitted his explanation dated 25th April, 2016, wherein he has contended that despite repeated orders passed by the court, the prosecution has failed to examine any witness.

In view of the lack of interest shown by the prosecution in conducting the trial of the case, the petitioner, who is in custody since 8.1.2014, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Munger in Sessions Trial No. 623 of 2013, arising out of Muffasil P. S. Case No. 157 of 2006.

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