Arjun Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49752 of 2016 Arising Out of PS.Case No. -45 Year- 2001 Thana -SIRDALA District- NAWADA ======================================================
1. Arjun Rajbanshi, Son of Late Jharo Rajbanshi, Resident of VillageParoriya, P.S.- Sirdala, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-11-2016 Heard.
Earlier prayer for bail of the petitioner was rejected by this court giving liberty to the petitioner to renew his prayer for bail, if his trial is not concluded within six months from the date of receipt/production of copy of this order dated 10-03-2016 passed in Cr. Misc. No. 11210 of 2016.
The impugned order goes to show that till 30-092016, only six prosecution witnesses could be examined and all the aforesaid prosecution witnesses did not support the prosecution case. The impugned order also goes to show that the order dated 10-03-2016 passed in Cr. Misc. No. 11210 of 2016 was received in the court of learned Additional Sessions Judge-V, Nawada on 29-09-2016 from the court of learned Sessions Judge,
Patna High Court Cr.Misc. No.49752 of 2016 (2) dt.23-11-2016 2/2 Nawada but it is not clear as to when the above-said order of this court was received in the court of learned Sessions Judge, Nawada.
However, considering the facts and circumstances of the case as well as submission of the parties and also taking note of this fact that the petitioner is languishing in jail custody since 31-12-2015, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sirdala P.S. Case No. 45 of 2001 corresponding to Sessions Trial No. 113 of 2016/04 of 2016 to the satisfaction of learned Additional Sessions Judge-V, Nawada.
However, copy of this order be sent to learned Sessions Judge, Nawada so that he could fix the liability as to who is responsible for not sending the copy of order dated 10-03-2016 passed in Cr. Misc. No. 11210 of 2016 to the concerned court in time and if, any person is found guilty for the aforesaid laches, the Sessions Judge shall take appropriate action against him on his own level.
(Hemant Kumar Srivastava, J) A.K.V./- U T