Rustam Ali @ Jangali Meya @ Jangali Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26345 of 2016 Arising Out of PS.Case No. -727 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rustam Ali @ Jangali Meya @ Jangali Mian Son of Late Lal Bahadur Mian resident of village- Chargaha, P.S.- Turkauliya, District- West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anang Mohan Sinha For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-09-2016 Heard.
Earlier prayer for bail of the petitioner was rejected by this court vide order dated 09-11-2015 passed in Cr. Misc. No. 30206 of 2015 but submission on behalf of petitioner is that the petitioner is in jail custody since 06-02-2015 but uptill now, not a single prosecution witness could be examined in this case, which is evident from perusal of report dated 26-08-2016, sent by learned trial court.
From perusal of the report of learned trial court, it would appear that charge against the petitioner was framed on 1407-2015 but even after issuance of summons, bailable warrants as well as non-bailable warrants, prosecution failed to produce even a
Patna High Court Cr.Misc. No.26345 of 2016 (3) dt.21-09-2016 2/2 single witness and, therefore, the aforesaid fact goes to show that there is no possibility of conclusion of trial of the petitioner in near future.
Considering the above-said facts and circumstances of the case as well as submission of the parties, 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 Turkauliya P.S. Case No. 727 of 2014 corresponding to Sessions Trial No. 359 of 2015 to the satisfaction of Learned Additional Sessions Judge-XIII, Motihari, East Champaran.
(Hemant Kumar Srivastava, J) A.K.V./- U T