Sanjay Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54604 of 2015 Arising Out of PS.Case No. -70 Year- 2007 Thana -KASIMBAZAR District- MUNGER ====================================================== Sanjay Saw son of late Narayan Sao resident of P.C. Dutta Colony between Baser P.S. Kasim Bazar District Munger.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-11-2016 Heard the counsel for the petitioner and the State. This is repeat application seeking bail in Kasim Bazar P.S. Case No. 70 of 2007 registered under section 302 IPC, section 27 of the Arms Act as well as section 3/5 of the Explosive Substance Act.

The second attempt of the petitioner to seek bail was considered and rejected vide order dated 29.04.2015 (Annexure-1) wherein a liberty was granted to the petitioner to renew his prayer for bail if the trial does not conclude within 05 months. The petitioner is said to be the main assailant.

It is submitted that till date the prosecution has not

Patna High Court Cr.Misc. No.54604 of 2015 (6) dt.15-11-2016 2/3 examined all the witnesses. The petitioner is in custody since 25.01.2013.

The report called for from the learned trial court is placed at Flag-G wherefrom it appears that 17 witnesses have been examined and steps have been taken to conclude the examination of other prosecution witnesses for which the learned Judge has indicated 03 months' time. Considering the period of incarceration and previous order passed on his bail petition (Annexure-1), this Court is not inclined to grant bail to the petitioner. While rejecting the bail application, it is disposed of by the following order:- Let the trial court in seisin of S.T.No. 296 of 2013 (arising out of Kasim Bazar P.S. Case No.

70 of 2007) take steps and conclude the examination of remaining prosecution witnesses within months from the date of receipt/production of a copy of this order, falling which the petitioner above named shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the said court in S.T.No.296 of 2013 (arising out of Kasim Bazar P.S. Case No. 70 of 2007) on condition that one of the bailors of the petitioner shall be his own/close family member.

Patna High Court Cr.Misc. No.54604 of 2015 (6) dt.15-11-2016 3/3 of grant of bail, the petitioner shall appear in person on each date fixed at the trial. In case he fails to do so on 02 consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Kishore Kumar Mandal, J) HR/- U T