Bulet Kumar @ Nirbhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10627 of 2015 Arising Out of PS.Case No. -347 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================
1. Bulet Kumar @ Nirbhay Kumar son of Sri Hareram Yadav, resident of village- Raghunathpur, P.S. Sahebpur Kamal, District- Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-02-2016 Heard Mr. Manoj Kumar Singh for the petitioner. No one has appeared on behalf of the State. This is repeat application seeking bail in Sahebpur Kamal P.S. case no. 347 of 2014 registered under Sections 363, 366A and 372/34 of the IPC.
Considering the allegations and the materials collected in support thereof, his prayer for bail was rejected on 18.5.2015 granting liberty to the petitioner to renew prayer for bail within seven months of the date of receipt/production of a copy of this order, if the trial does not record adequate progress. The communication of the trial court dated 25th January, 2016 is placed at Flag-A wherefrom it appears the Court in seisin of the case has requested for extension of time enabling for conclusion of the trial. Mr. Singh states that by now only 2-3 prosecution witnesses have been examined. Petitioner is in custody since 13.12.2014
Patna High Court Cr.Misc. No.10627 of 2015 (3) dt.24-02-2016 2/2 having no criminal antecedent.
Considering the facts and circumstances of this case, while declining the prayer made in this application directs the learned trial Court to complete examination of all prosecution witnesses within five months from the date of receipt/production of a copy of this order, failing which the trial Court shall release the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Begusarai, in connection with Sahebpur Kamal P.S. case no. 347 of 2014, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) In the event of bail the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U