Brinda Nand Singh @ Birdanand Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.19841 of 2015 (7) dt.19-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19841 of 2015 Arising Out of PS.Case No. -4 Year- 2010 Thana -IMADPUR District- BHOJPUR ======================================================

1. Brinda Nand Singh @ Birdanand Singh S/o Sheo Pujan Singh Resident of village-Moap Khurde (Jeevan tola), P.S.-Imadpur Dist.- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07/ 19.08.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since July, 2011 and earlier his prayer for bail was twice rejected by this court but while rejecting prayer for bail of the petitioner vide order dated 8.1.2014 passed in Cr. Misc. no. 37154/2013 this court directed the trial court to conclude the trial of the petitioner within nine months but as per report of learned trial court, trial of the petitioner is still pending for recording the evidence of doctor and investigating officer. Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected by this court taking note of this fact that informant claimed, himself, to be eye-witness of the alleged occurrence but when the informant was examined before trial court as prosecution witness no. 8, informant stated that he was not an eyewitness of the alleged occurrence.

Patna High Court Cr.Misc. No.19841 of 2015 (7) dt.19-08-2015 Considering the above stated facts and circumstances as well as submissions of the parties and also taking note of deposition of the informant as well as period of detention of the petitioner in jail custody, 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 IV, Bhojpur at Ara in Sessions Trial no. 125/2012 arising out of Imadpur P.S. Case no. 4/2010 subject to the condition that petitioner shall attend the learned trial court in person on each and every date for the period of six months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T