Patna High CourtCR. MISC./1492/2016bail granted

Vikash Chaudhary v. The State Of Bihar

2016-01-13Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.1492 of 2016 (2) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1492 of 2016 Arising Out of PS.Case No. -64 Year- 2011 Thana -FATEHPUR District- GAYA ====================================================== Vikash Chaudhary, son of Sri Brijnandan Chaudhary, resident of VillageMataso, Tola- Sundarchak, Police Station- Fatehpur in the District of Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate. For the Opposite Party/s : Mr. Madan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sessions Trial No. 610 of 2012/ 106 of 2015 arising out of Fatehpur P.S. Case No. 64 of 2011, registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier the prayer for bail of the petitioner was refused vide order dated 29.04.2015 passed in Cr. Misc. No. 11213 of 2015 by this Court with direction to the trial court to conclude the trial of the petitioner within six months. If the trial of the petitioner is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail. Learned counsel for the petitioner submitted that

Patna High Court Cr.Misc. No.1492 of 2016 (2) dt.13-01-2016 there is no progress of trial of the petitioner as the case is pending for prosecution evidence but up till now only two witnesses has been examined in spite of charge has been framed on 18.02.2013. It is further submitted that petitioner is in custody since 02.04.2011.

Having regard to the facts and the circumstances of the case, the petitioner above named, 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 Addl. Sessions Judge-IV, Gaya, in connection with Sessions Trial No. 610 of 2012/106/2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T