Patna High CourtCR. MISC./38726/2015rejected

Sonu Kumar v. The State Of Bihar

2015-08-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38726 of 2015 Arising Out of PS.Case No. -195 Year- 2014 Thana -KOTWALI District- MUNGER ====================================================== Sonu Kumar, son of Arjun Chaudhary @ Karelal Chaudhary, resident of Naya Tola, Chandan Bag, P.S.-Kasim Bayar, District-Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-08-2015 The petitioner seeks bail in connection with Kotwali P.S. Case No. 195 of 2014 registered under Sections 399, 402 of the Indian Penal Code and Section 25(1-B) (a), 26 and 35 of the Arms Act as well as 4 & 5 of the Explosive Substances Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 12.12.2014 passed in Cr. Misc. No. 46788 of 2014.

In view of the observation given by this Court, the petitioner renewed his prayer for bail before the trial court itself and by the impugned order dated 22.07.2015 his prayer for bail has been rejected.

Patna High Court Cr.Misc. No.38726 of 2015 (2) dt.19-08-2015 2 / 2 Regard being had to the reasons assigned by the trial court for rejecting the prayer for bail of the petitioner and the delay caused in holding the trial, I am not inclined to grant bail to the petitioner even though he has remained in custody for about one year. Accordingly, his prayer for bail is rejected. In case the co-accused is absconding, the court below is directed to split up his case and proceed with the trial of the petitioner. In case, the trial is not concluded within seven months from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail before the court below itself.

(Ashwani Kumar Singh, J.) Sanjeet/- U T