Balram Kumar Mandal @ Balram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44077 of 2016 Arising Out of PS.Case No. -17 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Balram Kumar Mandal @ Balram Mandal Son of Late Rajeshwar Mandal Resident of Village-Sugauna, P.S.- Rajnagar, District-Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Sessions Trial No. 204 of 2015, arising out Rajnagar P.S. Case No. 17 of 2015, registered for the offences punishable under Sections 323, 341 and 376 of the Indian Penal Code.

The petitioner is in custody since 08.02.2015 and earlier his prayer for bail was rejected by this Court taking note of nature of allegation levelled against the petitioner but from the perusal of the impugned order, I find that charge against the petitioner was framed on 13.08.2015 but uptill now not a single prosecution witness could be examined.

Submissions on behalf of the petitioner is that the

Patna High Court Cr.Misc. No.44077 of 2016 (2) dt.05-10-2016 2/2 prosecution only wants to keep the petitioner behind the bar without any substantive progress in trial and that is why the prosecution witness are not coming to depose in support of the prosecution case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions JudgeVI, Madhubani, in connection with Sessions Trial No. 204 of 2015, arising out Rajnagar P.S. Case No. 17 of 2015. (Hemant Kumar Srivastava, J.) kunal/- U T