Patna High CourtCR. MISC./21719/2013bail granted

Suman Yadav @ Suman Kumar Singh v. The State Of Bihar

2015-04-01The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21719 of 2013 Arising Out of PS.Case No. -63 Year- 2003 Thana -FATUHA District- PATNA ====================================================== Suman Yadav @ Suman Kumar Singh S/o Jamun Yadav, Resident of Village Kolhar, P.S. Fatuha, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr.

For the Opposite Party : Mr. Smt.Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 01-04-2015 This application is filed under Section-439 of Cr.P.C. for regular bail. The petitioner figured as an accused in Sessions Trial No.830 of 2010 arising out of Fatuha P.S. Case No.63 of 2003 alleging offence punishable under Sections-147, 148, 149, 302, 307 and 324 of I.P.C. and 27 of the Arms Act. On being arrested, he approached the trial court for bail which was rejected on 7.3.2013. On two earlier occasions, this Court also dismissed the application for bail. Hence, the present application, which was filed way back in 2013. Heard learned counsel for the petitioner and learned A.P.P. for the State.

It is rather unfortunate that the petitioner is languishing in jail for the past several years as an under

Patna High Court Cr.Misc. No.21719 of 2013 (4) dt.01-04-2015 2/2 trial. The record discloses that way back on 31.7.2013, a report was called for from the trial court as to the progress in the trial. Ever since then, it did not see the light of the day.

If by this time the trial has concluded, the final result would ensue. Even if the case is pending trial, the petitioner cannot be detained any longer. The application is ordered. It is directed that in case the petitioner is in jail, he shall be released on bail forthwith on furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-III, Patna City in connection with Sessions Trial No.830 of 2010 arising out of Fatuha P.S. Case No.63 of 2003. It shall be the duty of the concerned Sessions Court to inform the petitioner, if he is still in jail, about the order of this Court and enable him to come out of the jail.

(L. Narasimha Reddy,CJ) K.C.jha/- U T