Patna High CourtCR. MISC./49513/2017bail granted

Rup Singh @ Rupu Singh v. The State Of Bihar

2017-11-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49513 of 2017 Arising Out of PS.Case No. -32 Year- 2012 Thana -UPHARA District- AURANGABAD ====================================================== Rup Singh @ Rupu Singh, son of late Rambriksh Singh .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code.

Earlier the prayer for bail of the petitioner was rejected by this court vide order dated 28.11.2016 passed in Cr. Misc. No. 43907 of 2016 giving direction to the court below to conclude the trial of the petitioner within five months from the date of framing of the charge but impugned order dated 28.06.2017 passed by the Additional Sessions Judge-VII, Aurangabad goes to show that charge against the petitioner was framed on 06.01.2017 but up till now not a single prosecution witness has been examined.

Patna High Court Cr.Misc. No.49513 of 2017 (2) dt.15-11-2017 2/2 Submission on behalf of the petitioner is that there is allegation against the petitioner that he gave chura blow to deceased but the aforesaid allegation does not find support from the post mortem report.

Considering the aforesaid submissions as well as observation given by this court in previous order and stage of the trial, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Aurangabad in connection with Sessions Trial No. 617 of 2016/50 of 2017 arising out of Upahara P.S. Case No. 32 of 2012. (Hemant Kumar Srivastava, J) SHAHZAD/- U T