Amar Kumar @ Chandan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.9030 of 2015 (2) dt.11-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9030 of 2015 Arising Out of PS.Case No. -138 Year- 2013 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Amar Kumar @ Chandan Kumar, Son of Jagdish Sah @ Ram Singhasan Prasad, Resident of village - Kanti Station Tola, P.S. Kanti, District - Muzaffarpur, Presently Mohalla - Gobarsahi, P.S. Sadar, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Adv. For the Opposite Party/s : Mr. Kr. Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in G.R. No. 2789 of 2013 arising out of Baruraj P.S. Case No. 138 of 2013 registered under Sections 457, 380, 411 and 414 read with Section 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 05th June, 2014 passed in Cr. Misc. No. 18964 of 2014 with following observations:

"The Court below is directed to expedite the trial and conclude the same within a period of six months from the date of receipt/production of

Patna High Court Cr.Misc. No.9030 of 2015 (2) dt.11-03-2015 a copy of this order. If the trial is not concluded within the said period, the petitioner would be at liberty to renew his prayer for bail."

It has been contended that till date out of seven chargesheet witnesses only two have been examined and there is no likelihood of conclusion of trial being concluded in near future.

Regard being had to the observations made in the aforesaid order dated 05th June, 2014, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate (West), Muzaffarpur in connection with Baruraj P.S. Case No. 138 of 2013.

(Ashwani Kumar Singh, J.) Vats/- U T