Om Prakash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45440 of 2015 Arising Out of PS.Case No. -198 Year- 2014 Thana -BAKHRI District- BEGUSARAI ====================================================== Om Prakash Mahto S/o Bhola Mahto R/o - Darha Thsan Singh, Baba Tola, P.S. - Bakhari, Dist. - Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. A. A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 189 of 2015 arising out of Bakhri P.S. Case No. 198 of 2014 registered under Sections 414, 120-B of the Indian Penal Code, 3 & 4 of the Explosive Substances Act as also Section 25(1-B)(a), 26 and 35 of the Arms Act The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 04.12.2014 passed in Cr. Misc. No. 44710 of 2014 with following observations:- "Since the petitioner is in custody, learned Chief Judicial Magistrate, Begusarai is directed to hold

Patna High Court Cr.Misc. No.45440 of 2015 (2) dt.07-10-2015 2 / 2 the trial on day-to-day basis and conclude the same as early as possible, preferably within nine months from the date of receipt/production of the copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail." It is contended that though charges have been framed, no witness has been examined on behalf of the prosecution so far.

Regard being had to the observations made in the order dated 04.12.2014, the petitioner 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 Additional Sessions Judge-II, Begusarai in connection with Sessions Trial No. 189/2015 arising out of Bakhri P.S. Case No. 198 of 2014. (Ashwani Kumar Singh, J.) Sanjeet/- U T