Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28627 of 2015 Arising Out of PS.Case No. -77 Year- 2003 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Upendra Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudal Singh For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are accused in Sessions Trial No. 466 of 2011 arising out of Town (Muzaffarpur) P.S. Case No. 77 of 2003 registered under Sections 328, 302, 201/34 of the I.P.C. Learned counsel appearing on behalf of the petitioner submits that earlier prayer of the petitioner for bail was rejected vide Cr. Misc. No. 23265 of 2013 on 11.04.2014 with observation that if the trial is not concluded within one year, the petitioner may renew his prayer for bail. It is further submitted now more than one year has been elapsed but the trial has not been concluded. While the charge has been framed on 03.04.2014, but even not a single witness has been examined and petitioner is in custody since 24.06.2009.

Patna High Court Cr.Misc. No.28627 of 2015 (2) dt.01-07-2015 2/2 Having considered the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 5th Additional Sessions Judge, Muzaffarpur in connection with S. Tr. No. 466 of 2011 arising out of Nagar P.S. Case No. 77 of 2003. (Rajendra Kumar Mishra, J.) Shail/- U T