Patna High CourtCR. MISC./49475/2014bail granted

Brijesh Pandey @ Biresh Pandey v. The State Of Bihar

2015-03-11Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.49475 of 2014 (3) dt.11-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49475 of 2014 Arising Out of PS.Case No. -176 Year- 2011 Thana -THAWE District- GOPALGANJ ======================================================

1. Brijesh Pandey @ Biresh Pandey S/o - Late Budhdeo Pandey Resident of Village - Badheya, P.S. - Mirganj, Distt.- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sandesh Roy For the Opposite Party/s Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 11.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was twice rejected by this court and third bail petition has been filed on behalf of the petitioner on the ground that he is in jail custody since 28.12.2011 and up till now, his trial has not been concluded. The trial court has reported that charges were framed against the petitioner on 30.5.2012 and out of 14 chargesheeted witnesses, only three prosecution witnesses could be examined as yet. The report of the trial court reveals that there is no possibility of conclusion of trial of the petitioner in near future. Considering the above stated facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.49475 of 2014 (3) dt.11-03-2015 Addl. Sessions Judge I, Gopalganj in Sessions Trial no. 410/2012 arising out of Thawe P.S. Case no. 176/2011 subject to the condition that petitioner shall attend the learned trial court in person on each and every date for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on three consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. shahid (Hemant Kumar Srivastava,J) U T