Patna High CourtCR. MISC./48039/2016bail granted

Sushil Mandal @ Mahatma v. The State Of Bihar

2016-11-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48039 of 2016 Arising Out of PS.Case No. -15 Year- 2014 Thana -MEERGANJ District- PURNIA ======================================================

1. Sushil Mandal @ Mahatma son of Late Rameshwar Mandal Resident of Village- Nawabganj, Police Station- Kursela, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. No doubt, earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 21.09.2015 passed in Cr. Misc. No. 43445 of 2015 taking note of report of test identification parade as well as criminal antecedent of the petitioner but the impugned order goes to show that charge against the petitioner was framed on 07.11.2015 but even after expiry of 60 days from the date of framing of the charge, the trial of the petitioner could not be concluded and, thereafter, petitioner sought bail under section 437(6) of the Cr.P.C but the 3rd Additional Sessions Judge, Purnea also rejected the prayer for bail of the petitioner.

Patna High Court Cr.Misc. No.48039 of 2016 (2) dt.09-11-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking into consideration this aspect of the matter that petitioner is in jail custody since 05.09.2014 but up till now his trial could not be concluded, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,Purnea in connection with Mirganj P.S.Case No. 15 of 2014, G.R.No.459 of 2014.

(Hemant Kumar Srivastava, J) N.K/- U T