Sonu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40402 of 2015 Arising Out of PS.Case No. -161 Year- 2014 Thana -JAMALPUR District- MUNGER ======================================================

1. Sonu Ram Son of Late Kameshwari Ram, Resident of Village - Rampur, P.S. - Jamalpur, District - Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Khurshid Alam For the Opposite Party/s : Mr. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. One country made pistol and magazine containing four live cartridges were recovered from conscious possession of the petitioner for which he was sent into judicial custody on 08.11.2014 and thereafter, he was put on trial and charge against him was framed and first date for prosecution was fixed on 18.02.2015 but the trial of the petitioner is still pending. The contention on behalf of the petitioner is that Section 437 (6) of the Cr.P.C. mandates to release an accused, if his trial is not concluded within sixty days from the date of first evidence and in the present case, admittedly, the trial of the petitioner has not been concluded within the stipulated period as

Patna High Court Cr.Misc. No.40402 of 2015 (2) dt.10-09-2015 2/2 mentioned in Section 437 (6) of the Cr.P.C.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 161 of 2014.

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