Roop Kumar Razak v. The State Of Bihar Through S.P., C.B.I, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34445 of 2015 Arising Out of PS.Case No. -21 Year- 2013 Thana -C.B.I CASE District- PATNA ======================================================
1. Roop Kumar Razak S/o Ram Narayan Razak, resident of & P.O.- Shyamgarh Halt, P.S.- Kadwa, District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar through S.P., C.B.I, Patna null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Anuj Kumar For the Opposite Party/s : Mr. Bipin Kumar Sinha (Sc/Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner as well as learned counsel, appearing for CBI.
Earlier prayer for bail of the petitioner was rejected by this court and this second attempt has been made by the petitioner on the ground of delay in trial.
Learned counsel for the petitioner submits that while rejecting the prayer for bail of the petitioner, this court observed in the order dated 27-01-2015 passed in Cr. Misc. No. 33830 of 2014 and analogous cases that the prayer of the petitioner was being rejected on a particular stage and now, the stage of the case has already been changed.
The trial court has reported vide letter No. 179 dated 16-09-2015 that uptill now, charge could not be framed against petitioner and others.
Patna High Court Cr.Misc. No.34445 of 2015 (3) dt.04-11-2015 2/2 Admittedly, petitioner is in jail custody since 19-062014 on the accusation that he used to increase the amount in money orders and got ensured payment to fake persons, causing huge loss to the government.
It appears from the facts and circumstances of the case that the entire case of the prosecution hinges upon documentary evidence and there is no possibility of conclusion of trial of the petitioner in near future.
Therefore, considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 09 of 2013 arising out of R.C. Case No. 21A of 2013 to the satisfaction of learned Special Judge, CBI-II, Patna subject to condition that the petitioner shall attend the trial court, in person on each and every date for a period of ten months or till conclusion of his trial, whichever is earlier and if, he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Hemant Kumar Srivastava, J) A.K.V./- U T