Patna High CourtCR. MISC./43018/2015bail granted

Vikash Singh @ Bikash Singh v. The State Of Bihar

2016-09-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43018 of 2015 Arising out of P.S. Case No. - 173 Year - 2012 Thana - PRANPUR District - KATIHAR ====================================================== Vikash Singh @ Bikash Singh, Son of Pudin Singh, Resident of Village - Labha Sharma Tola, P.S. - Pranpur (Rosha), District - Katihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Tarun Prasad Mandal, Advocate For the Opposite Party : Mr. Ganesh Pd. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-09-2016 Heard.

Earlier the prayer for bail of the petitioner was rejected by a Co-ordinate Bench of this Court with direction to expedite the trial and conclude the same at the earliest. The trial court has reported that up-till-now seven prosecution witnesses have already been examined and only two Investigating Officers have been left to be examined. However, it has also been informed by the trial court that a petition under Section 311 of the Code of Criminal Procedure has been filed on behalf of the prosecution which is pending for disposal. The learned trial court has sought 34 months time for conclusion of trial of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that petitioner is in jail custody since 31.01.2013, the prayer for

Patna High Court Cr.Misc. No.43018 of 2015 (4) dt.16-09-2016 2/2 bail of the petitioner stands allowed and it is ordered that 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 5th Additional Sessions Judge, Katihar in connection with Sessions Trial No. 301 of 2013 arising out of Pranpur (Roshna) P.S. Case No. 173 of 2012, subject to the conditions that he shall attend the trial court on each and every date, in person, for the period of six months or till conclusion of the trial, whichever is earlier and if, he fails to do so on two consecutive dates without any reasonable cause, the trial court shall be at liberty to cancel the bail bonds of the petitioner after due and proper inquiry and it is needless to say that the trial court should conclude the trial of the petitioner within the above stated period.

Kundan (Hemant Kumar Srivastava, J.) U T