Foudari Pandit @ Fauzdari Pandit v. The State Of Bihar

Patna High Court Cr.Misc. No.50308 of 2015 (4) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50308 of 2015 Arising Out of PS.Case No. -507 Year- 2014 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Foudari Pandit @ Fauzdari Pandit Son of Late Munni Lal Pandit resident of village - Etaha Pokhar, P.S. Jalalgarh, District - Purnea ....Petitioner

Versus

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

For the Petitioner : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 09-02-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 323, 325, 307 and 326/34 of the Penal Code. Earlier the prayer for bail was rejected by order, dated 03.03.2015, in Cr. Misc. No. 47946 of 2014 with an observation that as soon as the informant is examined in the trial Court, the petitioner shall be free to renew his prayer for bail. A report has been called for, which is at flag 'R', in which it has been reported that only one witness, Urmila Devi, examined, cross-examination and discharged till 06.08.2015 and from 24.12.2015 to 01.01.2015 the Court was closed on account of Cristmas and though warrant of arrest has been issued against the informant and others, but, the execution report has not been received, hence, the trial is directed to take coercive step against the informant for his appearance as a witness through the Superintendent of Police and if the informant avoids to depose within three months, then, the trial Court, itself, shall consider the prayer for bail of the petitioner.

With these observations, this petition is disposed off. (Gopal Prasad, J) SA/- U √ T √