Patna High CourtCR. MISC./57595/2015bail granted

Jito Sahani v. The State Of Bihar

2016-02-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57595 of 2015 Arising Out of PS.Case No. -55 Year- 2013 Thana -BAKHARI District- BEGUSARAI ======================================================

1. Jito Sahani son of Vishundeo Sahani @ Bisun Sahani @ Bisundeo Sahani, resident of Village Bahuara P.S. Bakhari (Parihara) Distt. Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Sanjay Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 23-01-2015 passed in Cr. Misc. No. 37040 of 2014, directing the trial court to conclude the trial of the petitioner within 9 months from the date of receipt/production of copy of the aforesaid order. Furthermore, the petitioner was granted liberty to renew his prayer for bail before the learned trial court, if, his trial is not concluded within the above-said period of 9 months.

The impugned order of learned Additional Sessions Judge shows that uptill now, only three prosecution witnesses

Patna High Court Cr.Misc. No.57595 of 2015 (2) dt.10-02-2016 could be examined and there appears to be no chance of conclusion of trial of the petitioner in near future. The petitioner is languishing in jail custody since 25-11-2013 in a case, in which, the petitioner is being prosecuted for the offence, punishable under Sections-304B/34 of the Indian Penal Code.

Considering the above-said facts and circumstances of the case as well as long period of detention of the petitioner in jail custody, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bakhari P.S. Case No. 55 of 2013 corresponding to Sessions Trial No. 419 of 2014 to the satisfaction of learned Additional District & Sessions Judge-VI, Begusarai.

(Hemant Kumar Srivastava, J) A.K.V./- U T