Nakhru Rai @ Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7468 of 2015 Arising Out of PS.Case No. -271 Year- 2013 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Nakhru Rai @ Naresh Rai S/o Late Sudan Rai @ Sugan Rai @ Suhawan Rai Resident of Village Teka Bigha, P.S. Bakhtiyarpur, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-07-2015 Seen the report submitted by learned lower court which gives a pitiable condition how the prosecution is being conducted as well as how far the prosecuting agency has shared the burden more particularly when an accused having been confined under custody on one pretext or the other. Having the charge framed on 4.4.2014, prosecution could not be able to produce the remaining witnesses than one who had already been examined. It is apparent that petitioner was at an earlier occasion had been refused bail vide Cr.Misc.No.21919 of 2014 and is under custody since 7.12.2013 on account of seizure of Ganja Plant.

In the aforesaid facts and circumstances of the case, petitioner Nakhru Rai alias Naresh Rai is directed to be released on bail on furnishing ail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, XI, Patna in connection with Bakhteyarpur P.S.Case No.271 of 2013 leading to Special Case No.89 of 2013.

(Aditya Kumar Trivedi, J) ahk/- U T