Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60513 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ====================================================== BRAJESH KUMAR SON OF BALIRAM SINGH RESIDENT OF VILLAGE RAMPUR, P.S.-GAURA O.P., DISTRICT-SARAN. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Prasad Yadav No-1, Adv. For the Opposite Party/s : Mr. Sri Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-03-2018 Seen the report submitted by the learned lower court wherefrom it is evident that prosecution as well as learned lower court had made the trial a mockery as, during course of framing of charge they have not been sincere to see under what section charges are to be framed. If the charge is amended, as prayed for then, in that circumstance, there would be recall of witnesses in terms of Section 216, 217 of the Cr.P.C. if so prayed for on behalf of accused and will cause delay as well as prejudice to the interest of the appellant.

Considering the period of detention, petitioner Brajesh Kumar is directed to 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 Judicial Magistrate, Saran at

Patna High Court Cr.Misc. No.60513 of 2017 (6) dt.14-03-2018 Chapra, in connection with Bhagwan Bazar P.S. Case No.138/2017.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T