Md. Mistar @ Md. Mister v. The State Of Bihar

Patna High Court Cr.Misc. No.47918 of 2015 (3) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47918 of 2015 Arising Out of PS.Case No. -95 Year- 2013 Thana -BALIA District- BEGUSARAI ====================================================== Md. Mistar @ Md. Mister, Son of Md. Gayas, resident of village - Kasba, Police Station Balia, in the district Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sessions Trial No. 618 of 2013 arising out of Balia P.S. Case No. 95 of 2013 registered under Section 302/34 of the Indian Penal Code.

A report regarding the present stage of trial has been received vide letter no. 439 dated 10.12.2015 from the court of Additional Session Judge-IV, Begusarai, in Sessions Trial No. 618 of 2013, which disclosed that the next date is fixed for hearing on a petition, which has been filed on behalf of the prosecution, to call for the original copy of inquest report. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.47918 of 2015 (3) dt.13-01-2016 prayer for bail of the petitioner was refused vide order dated 13.05.2015 passed in Cr. Misc. No. 18965 of 2015 by this Court with direction to the trial court to conclude the trial of the petitioner within four months. If the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail. It is further submitted that four months has been lapsed after passing the order dated 13.05.2015 and the petitioner is in custody since 18.05.2013.

Having regard to the facts and the circumstances of the case and the period of custody, the petitioner above named, is 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 Additional Sessions JudgeIV, Begusarai, in connection with Sessions Trial No. 618 of 2013 arising out of Balia P.S. Case No. 95 of 2013. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T