Patna High CourtCR. MISC./23136/2015bail granted

Manoj Dom And ORS v. The State Of Bihar

2015-07-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.23136 of 2015 (2) dt.13-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23136 of 2015 Arising Out of PS.Case No. -94 Year- 2012 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Manoj Dom son of Aantlal Dom

2. Chote Lal Dom @ Chote Lal Ram son of Hanak Dom

3. Govind Dom son of Shaukhi Lal Dom, All resident of Village- Bargaon, P.s- Bagha, District West champaran..

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-07-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are not named in the first information report and it appears that their name came in this case in course of investigation when statements of some witnesses were recorded. Moreover, admittedly, petitioners have not been put on Test Identification Parade and the charge sheet against them has been filed and furthermore, it is an admitted position that charges were framed against the petitioners on 08.07.2013 and up till now, not a single prosecution witness could be examined, particularly, in the circumstance when petitioners are languishing in jail custody since 22.10.2012.

Patna High Court Cr.Misc. No.23136 of 2015 (2) dt.13-07-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind the period of detention of the petitioners in jail custody, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 35 of 2013 arising out of Ahiyapur P.S. Case No. 94 of 2012, subject to condition that one of the sureties must be their close relative who shall swear affidavit indicating the genealogy. (Hemant Kumar Srivastava, J) SHAHZAD/- U T