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Patna High CourtCR. MISC./23254/2016bail granted

Munni Sah v. The State Of Bihar

2016-09-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23254 of 2016 Arising Out of PS.Case No. -150 Year- 2015 Thana -AMARPUR District- BANKA ======================================================

1. Munni Sah Son of Basu Sah, R/o Village- Bhaluar, P.S.- Amarpur, Distt. Banka (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiva Kumar Singh For the Opposite Party/s : Mr. Kr. Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-09-2016 Heard.

Earlier prayer for bail of the petitioner was rejected by this court vide order dated 10-11-2015 passed in Cr. Misc. No. 41501 of 2015 but submission on behalf of petitioner is that the petitioner is languishing in jail custody since 03-07-2015 but uptill now, his trial has not been concluded.

The allegation against the petitioner is that he opened fire, causing fire-arm injury on right arm as well as below the right eye of the injured.

The trial court has reported that charge against the petitioner was framed on 05-02-2016 and after that, only two prosecution witnesses could be examined.

The aforesaid fact goes to show that there is no

Patna High Court Cr.Misc. No.23254 of 2016 (3) dt.21-09-2016 2/2 possibility of conclusion of trial of the petitioner in near future. The petitioner does not have any criminal antecedent and the present occurrence appears to have taken place on account of trivial issue.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Amarpur P.S. Case No. 150 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Banka. (Hemant Kumar Srivastava, J) A.K.V./- U T