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Patna High CourtCR. MISC./32191/2015bail granted

Ravi Sahani v. The State Of Bihar

2015-07-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32191 of 2015 Arising Out of PS.Case No. -297 Year- 2012 Thana -HARSIDHI District- EAST CHAMPARAN (MOTIHARI) ====================================================== Ravi Sahani, S/o Chhattu Sahani, Resident of Village Jhakhiya, P.S.- Banjariya, District -East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Harsidhi P.S. Case No. 297 of 2012 registered for the offence punishable under Section 392 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 14.10.2014 passed in Cr. Misc. No. 35132 of 2014 with following observations:- "Since the petitioner is in custody, the learned Chief Judicial Magistrate, East Champaran at Motihari is directed to hold the trial on day to day basis and conclude the same as early as possible

Patna High Court Cr.Misc. No.32191 of 2015 (2) dt.29-07-2015 2 / 2 preferably within seven months from the date of receipt/production of a copy of the order, failing which the petitioner would be entitled to renew his prayer for bail."

It is contended that the petitioner is in custody since 5.2.2014. On completion of investigation, the police submitted charge sheet on 15th April, 2014 and the learned Magistrate took cognizance of the offence on 06.12.2014 and since then there is no progress in the case and till date even charges have not been framed.

Learned counsel for the State has opposed the prayer for bail.

Regard being had to the facts and circumstances of the case, the petitioner 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 the learned Chief Judicial Magistrate, Motihari in connection with Harsidhi P.S. Case No. 297 of 2012.

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