Nirdhan Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 31563 of 2016 Arising Out of PS.Case No. -230 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Nirdhan Kumar, Son of Late Prayag Raj, Resident of Village - Dinkar Path, Ward No. 28, P.S. - Nagar Lohiya Nagar, District - Begusarai. .... .... Petitioner
Versus
1. The State of Bihar
2. Senior Branch Manager, Bank of Baroda, Hiralal Chowk, Begusarai, Bihar through Alok Kumar Jha, Senior Branch Manager. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha Mr. Pravin Kumar For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. Mr. Vivek Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
10-08-2016 Heard Sri Ajay Kumar Sinha, learned counsel, who was assisted by Sri Pravin Kumar, learned counsel for the petitioner, Sri Pranav Kumar, learned Addl. Public Prosecutor as well as Sri Vivek Prasad, learned counsel for opposite party no. 2/Bank of Baroda.
This is the 2nd attempt for grant of bail on behalf of petitioner. Earlier, the prayer for bail of the petitioner was rejected on 08-04-2016, vide Cr. Misc. No. 7039 of 2016, granting liberty to the petitioner to renew his prayer for bail after framing of charge. The petitioner is in custody in Begusarai Town P.S. Case No. 230 of 2015 registered for the offence under Section 409 of the Indian Penal Code.
Patna High Court Cr.Misc. No.31563 of 2016 (2) dt.10-08-2016 2/2 By way of referring to Annexure - 6 to the petition i.e. certified copy of the ordersheet of the court below, particularly at page 36 of the petition, it was submitted that on 3rd June, 2016, the charge against the petitioner under Section 409 of the I.P.C. has already been framed.
In view of the earlier observation given by this Court, whereby liberty was granted to renew the prayer for bail after framing of charge and since charge has already been framed, there is no reason to deny the prayer for bail of the petitioner. Accordingly, let the petitioner namely Nirdhan Kumar 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 230 of 2015, with a condition that petitioner will not take any step for delaying the trial. If learned Trial Judge notices that any step is taken by the petitioner for intentionally delaying the trial, the learned trial court would be entitled to cancel the bail-bond of the petitioner forthwith.
(Rakesh Kumar, J.) Anay U T