Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14061 of 2016 Arising Out of PS.Case No. -246 Year- 2014 Thana -PIRO District- BHOJPUR ======================================================

1. Santosh Singh Son of Shankar Singh, resident of village- Lahari Tiwari Dih, P.S.- Piro, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmesh Kumar Shrivastava For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-04-2016 Mr. Shrivastava for the petitioner and APP for the State.

This is repeat application seeking bail in Piro P.S. case no 246 of 2014, registered under sections 354, 447, 341,323,324,325,307, 504 and 506/34 of the IPC. The petitioner is alleged to have assaulted on the head of the informant by means of Dab ( a heavy sharp cutting weapon).Considering the allegation his prayer for bail was rejected granting him liberty to renew the prayer if the trial does not record sufficient progress within 06 months. Counsel for the petitioner states that the trial has not recorded sufficient progress. The petitioner is in custody since 4.12.2014. A status report called for in this case is placed at

Patna High Court Cr.Misc. No.14061 of 2016 (3) dt.20-04-2016 2/3 Flag-A. On perusal thereof it appears the trial Court has framed charges and one prosecution witness has been examined . Considering the materials on record, this Court, while declining the prayer dispose of the application by the following order:- Let the trial Court endeavour and examine the remaining prosecution witnesses within four months from the date of receipt/production of a copy of this order, failing which the petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 1st, Bhojpur at Ara in connection with Sessions trial no. 106 of 2015, arising out of Piro P.S. case no. 246 of 2014, subject to the following conditions:-

(1) One of the bailors shall be the own/close family member of the petitioner.

(2) In the event of grant of bail the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the

Patna High Court Cr.Misc. No.14061 of 2016 (3) dt.20-04-2016 3/3 petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T