Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40254 of 2017 Arising Out of PS.Case No. -438 Year- 2015 Thana -KANKARBAGH District- PATNA ======================================================

1. Aditya Kumar Son of Shri Bhawbhuti Singh @ Vibhuti Singh, R/o D/ 103, P.C. Colony, P.S.- Kankarbagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar Singh For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-10-2017 Heard both sides.

The petitioner seeks bail in Kankarbagh P.S. Case No. 438 of 2015, corresponding to Sessions Trial No. 36 of 2016, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 04.10.2016 passed in Cr. Misc. No. 44054 of 2016 and the order dated 08.04.2017 passed in Cr. Misc. No. 11869 of 2017.

Learned counsel for the petitioner submits that the petitioner is in jail since 06.07.2015 but the trial has not yet been concluded. There is no eye witness of the occurrence. The police after investigation submitted charge sheet under Sections 306 and

Patna High Court Cr.Misc. No.40254 of 2017 (4) dt.04-10-2017 34 of the Indian Penal Code.

Considering the facts aforesaid and the fact that the petitioner has already remained in jail for two years and three months, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII, Patna in Kankarbagh P.S. Case No. 438 of 2015, corresponding to Sessions Trial No. 36 of 2016. (Prabhat Kumar Jha, J) KKSINHA/- U T