Navin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46702 of 2015 Arising Out of PS.Case No. -57 Year- 2012 Thana -BELAGANJ District- GAYA ======================================================

1. Navin Singh son of Sri Bameshwar Singh, resident of Village- Atiya, P.S. Magadh University, District- Gaya, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Sinha For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 95 of 2014 arising out of Belaganj P.S. Case No. 57 of 2012 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 03.12.2014 with a direction to the trial court to expedite the trial and conclude the same as early as possible.

It is contended that the petitioner is in custody since 6th June, 2012 and though the charges were framed after commitment of the case on 25th September, 2012, no witness has

Patna High Court Cr.Misc. No.46702 of 2015 (3) dt.04-11-2015 2/2 been examined on behalf of the prosecution till date. By order dated 07.10.2015 a report was sought from the trial court regarding status of the trial. The trial court has submitted its report dated 26.10.2015 in which it has been stated that though warrants have been issued against the witnesses and letter has also been issued to the Senior Superintendent of Police, Gaya to secure presence of the witnesses but no witness has been produced in support of the prosecution during trial. Taking into consideration the facts and circumstances of the case, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Gaya in connection with Sessions Trial No. 95 of 2014 arising out of Belaganj P.S. Case No. 57 of 2012.

(Ashwani Kumar Singh, J) Pradeep/- U T