Patna High CourtCR. MISC./44131/2015bail granted

Bhoj Dewan @ Bhoju Dewan And ANR. v. The State Of Bihar

2015-09-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44131 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -DHAKA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Bhoj Dewan @ Bhoju Dewan, son of Sattar Dewan.

2. Tunna Mia @ Md. Zafir Alam, son of Nathu Mia. Both resident of Village-Daud Nagar Sapahi, P.S.-Pachpakri (Dhaka), District-East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Manish Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 16-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in connection with Dhaka (Pachpakri) P.S. Case No. 130 of 2014 registered under Sections 392 of the Indian Penal Code.

The prayer for bail of the petitioners was earlier rejected by this Court vide order dated 02.12.2014 passed in Cr. Misc. No. 42965 of 2014 with following observations:- "Since the petitioners are in custody, learned Additional Chief Judicial Magistrate, Sikrahna

Patna High Court Cr.Misc. No.44131 of 2015 (2) dt.16-09-2015 2 / 2 is directed to hold the trial on day-to-day basis and conclude the same as early as possible, preferably within nine months from the date of receipt/production of the copy of this order, failing which the petitioners would be at liberty to renew their prayer for bail."

It is contended that till date no witness has been examined after framing of charge on 11.02.2015. It is further contended that the petitioners having no criminal antecedent are in custody since 05.08.2014.

Regard being had to the facts and circumstances of the case, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Sikrahna at Dhaka, District-East Champaran in connection with Sessions Trial No. 3483 of 2015 arising out of Dhaka (Pachpakri) P.S. Case No. 130 of 2014.

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