Patna High CourtCR. MISC./52167/2014bail granted

Ghanshyam Poddar v. The State Of Bihar

2015-01-07Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52167 of 2014 Arising Out of PS.Case No. -51 Year- 2009 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Ghanshyam Poddar S/o Late Rameshwar Poddar, resident of villagePahsara, P.S. Naokothi, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. Kalyan Shankar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 07-01-2015 Heard Mr. Narendra Kumar learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in connection with Sessions Trial No. 611 of 2013 arising from Naokothi P.S. Case No. 51 of 2009 registered for offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

The petitioner happens to be the husband of the deceased and it is considering the nature of allegations that the prayer of this petitioner was earlier rejected in Criminal Misc. No. 39795 of 2011 and again in Criminal Misc. No. 33410 of 2013 and has been renewed thereafter.

Mr. Narendra Kumar learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedent and has been in custody since 19.4.2011. Learned counsel with reference to the order passed in Criminal Misc. No. 33410 of 2013 has submitted that liberty was granted to the

Patna High Court Cr.Misc. No.52167 of 2014 (2) dt.07-01-2015 petitioner to renew his prayer in case the trial is not concluded within one year of order which was passed on 18.9.2013 and it is pursuant to the liberty so granted that the present application has been filed. The order passed by the trial court annexed to the application manifests that the trial has started and some witnesses have been examined.

Having heard learned counsel for the parties and taking into consideration the circumstances existing, let the petitioner Ghanshyam Poddar be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Ad-hoc Additional District and Sessions Judge-I, Begusarai in connection with Sessions Trial No. 611 of 2013 arising from Naokothi P.S. Case No. 51 of 2009 subject to the condition that he shall register his appearance before the trial court on each and every date fixed in the trial and in case the petitioner fails to do so on two consecutive date without reasonable explanation to the satisfaction of the trial court, the trial court would be entitled to cancel the bail bonds of the petitioner and to take him into custody.

(Jyoti Saran, J) S.Sb/- U