Manoj Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10048 of 2016 Arising Out of PS.Case No. -6 Year- 2013 Thana -CHUTIA District- SASARAM (ROHTAS) ======================================================

1. Manoj Kahar Son of Surendra Chandrabanshi, Resident of village- Tiura, P.O.- Nauhatta, P.S.- Chutiya, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 307, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is in jail custody since 08.07.2014 on the accusation that he shot fire causing firearm injury on the neck of informant's son.

Earlier, the prayer for bail of the petitioner was rejected by this court vide order dated 13.04.2015 passed in Cr. Misc. No. 48091 of 2014 directing the concerned court to commit the case to the court of Sessions. It appears that subsequently the case was committed to the court of Sessions but charge was

Patna High Court Cr.Misc. No.10048 of 2016 (2) dt.04-05-2016 2/2 framed against the petitioner on 27.01.2016 and after that the case is pending for recording the prosecution evidence and not a single prosecution witness has been examined as yet. There is very little hope of conclusion of trial of the petitioner in near future. Considering the aforesaid 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 9th Additional Sessions Judge, Rohtas at Sasaram in connection with Sessions Trial No. 544 of 2015 arising out of Chutiya P.S. Case No. 06 of 2013, subject to condition that he shall attend the trial court on each and every date in person for the period of six months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T