Patna High CourtCR. MISC./35052/2016bail granted

Rajesh Kumar v. The State Of Bihar

2016-10-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35052 of 2016 Arising Out of PS.Case No. -18 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ====================================================== Rajesh Kumar S/o Baleshwar Singh @ Baleshwar Rai, R/o VilageNayatola, Madhopur, P.S- Bakhtiyarpur, Dist- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 326 and 307/34 of the I.P.C. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application. A report was called for from the court below regarding the stage of the case. The same is kept on the record. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.8.2014. He has remained in custody for more than two years. Charge has already been framed. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. General and omnibus allegation has been made against the

Patna High Court Cr.Misc. No.35052 of 2016 (3) dt.20-10-2016 petitioner. No specific injury has been attributed against him. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and the period of custody, it is directed that the petitioner above named 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 learned Additional Sessions Judge Sixth, Barh in connection with S. Tr. No.244 of 2015 arising out of Bakhtiyarpur P.S. case No.18 of 2014.

The court below is directed to take necessary steps to expedite the trial. The petitioner shall co-operate during the trial. If the trial court finds that the petitioner is not co-operating during the trial, the court below will be at liberty to cancel the bail of the petitioner.

(Sudhir Singh, J) Narendra/- U T