Patna High CourtCR. MISC./10451/2015bail granted

Binod Rai v. The State Of Bihar

2015-03-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10451 of 2015 Arising Out of PS.Case No. -95 Year- 2012 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Binod Rai, Son of Chandeshwar Rai, Resident of village - Dhamon, Chapra Dumri, P.S. Patori, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Md. Khurshid Alam, Advocate For the Opposite Party/s : Mr. Abhay Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Jandaha P.S. Case No. 95 of 2012 registered under Section 392 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court on 24th January, 2014 in Cr. Misc. No. 3375 of 2014 with following observations:- "The learned Chief Judicial Magistrate, Vaishali at Hajipur before whom the case is pending, is directed to expedite the trial of the petitioner and conclude the same as early as possible preferably

Patna High Court Cr.Misc. No.10451 of 2015 (2) dt.18-03-2015 2 / 2 within a period of one year from the date of receipt/production of a copy of this order failing which the petitioner would be at liberty to renew his prayer for bail."

It has been contended that though the petitioner is in custody since 10th July, 2012, there is no progress in the trial. The charge was framed on 22nd January, 2014 but till date, no witness has turned up.

Regard being had to the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Kumar, Judicial Magistrate-1st Class, Vaishali at Hajipur. (Ashwani Kumar Singh, J.) Sanjeet/- U T