K. Suresh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34390 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== K. Suresh Son of Kashi @ Bala Krishanan, Resident of Punganur New Street, Srerangan Taluk, P.S Somarasmpettai, District Thruchirappalli, State Tamilnadu.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Sessions Trial No.229 of 2016 arising out of Mohania P.S. case No.10 of 2016 instituted for the offence under Sections 395 and 412 of the Indian Penal Code, pending in the court of learned Additional District & Sessions Judge, Bhabhua-II, Kaimur at Bhabhua.

The allegation is that the petitioner was caught red handed with Rs.47 lacs of the Bank.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.01.2016. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses against the petitioner. The petitioner has been made accused due to mistake of fact. He had gone to the Bank for

Patna High Court Cr.Misc. No.34390 of 2016 (4) dt.17-10-2016 2/2 making his personal deposits. He has wrongly been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner was apprehended at the spot in the Bank. He was fleeing away with Rs.47 lacs of the Bank. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.

The District Magistrate, Kaimur at Bhabua and the Superintendent of Police, Kaimur at Bhabua are also directed to take necessary steps to co-operate during the trial by producing the prosecution witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, Kaimur at Bhabua and the Superintendent of Police, Kaimur at Bhabua.

(Sudhir Singh, J) Narendra/- U T