Raju Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.26331 of 2017 (2) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26331 of 2017 Arising Out of PS.Case No. -99 Year- 2015 Thana -PARSA District- SARAN ====================================================== Raju Kumar Son of Mahesh Singh, R/o Village- Banghara, P.S.- Rajapakar, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 12.07.2016 passed in Cr. Misc. No. 22611 of 2016, on the ground that the petitioner is suffering in custody since 04.07.2015, he has not been put on test identification parade, the recovered articles have also not been put on test identification parade, without any TIP chargesheet has been submitted under Sections 395 and 412 of the Indian Penal Code, there was direction to conclude the trial within nine months but the trial has not been concluded and up-till now no prosecution witness has been examined.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail

Patna High Court Cr.Misc. No.26331 of 2017 (2) dt.12-07-2017 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge X, Saran at Chapra in Sessions Trial No. 67 of 2017 arising out of Parsa P.S. Case No. 99 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T