Patna High CourtCR. MISC./42989/2015bail granted

Ram Pravesh Kewat v. The State Of Bihar

2016-02-17Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.42989 of 2015 (4) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42989 of 2015 Arising Out of PS.Case No. -12 Year- 2009 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ram Pravesh Kewat Son of Late Bishweshwar Kewat, Resident of Merhi, P.S. - Islampur, District - Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s Mr. Smt. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 17.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 11.8.2009 and his trial is still pending in spite of specific direction of this court. The trial court vide letter no. 44/16 dated 4.2.2016 reported that order dated 17.4.2013 passed in Cr. Misc. no. 48843/2012 was never communicated to the trial court.

Allegation against the petitioner is that he opened fire on the deceased but from perusal of the first information report, it appears that alleged occurrence took place on a petty issue and the petitioner without having any criminal antecedent is languishing in jail custody since long. There is no possibility of conclusion of trial of the petitioner in near future.

Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.42989 of 2015 (4) dt.17-02-2016 amount each to the satisfaction of the Addl. Sessions Judge V, Hilsa in Sessions Trial no. 608/2010 arising out of Islampur P.S. Case no. 12/2009 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