Amit Kumar @ Amit Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17209 of 2016 Arising Out of PS.Case No. -353 Year- 2013 Thana -CIVIL LINE District- GAYA ====================================================== Amit Kumar @ Amit Kumar Gupta Son of Hanuman Prasad Gupta Resident of Mohalla- Panchmahala, Andar Gaya, PS Civil Lines, District Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mrigendra Pratap Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-04-2016 Heard leaned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 99 of 2014/76 of 2014, arising out of Civil Lines P. S. Case No. 353 of 2013 registered under Sections 302/34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 05.08.2015 passed in Cr. Misc. No. 30863 of 2015.

It has been contended by the learned counsel for the petitioner that though the petitioner is in custody since 14th August 2013, only five, out of 15 charge-sheet witnesses have

Patna High Court Cr.Misc. No.17209 of 2016 (2) dt.27-04-2016 2/2 been examined during trial. It has further been contended that another co-accused, namely, Bikram Kumar having almost identical allegation to that of the petitioner has already been granted bail by a co-ordinate Bench of this Court vide order dated 10.02.2014 passed in Cr. Misc. No. 54009 of 2013. Learned counsel for the State has opposed the application for grant of bail to the petitioner. Regard being had to the undue delay caused in producing the witnesses before the court during the trial, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-Vth, Gaya in Sessions Trial No. 99 of 2014/76 of 2014, arising out of Civil Lines P. S. Case No. 353 of 2013. (Ashwani Kumar Singh, J.) Kanchan/- U T