Kari Sahani @ Fagu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43031 of 2016 Arising Out of PS.Case No. -19 Year- 2012 Thana -KATIHAR GRP CASE District- KATIHAR ====================================================== Kari Sahani @ Fagu Sahani , son of Raghuni Sahani resident of village Lakari Pati Jawahar School Gulabagh P.S. Sadar District Purnea .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-12-2016 Heard Sri Vinay Ranjan, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Additional Public Prosecutor .
The sole petitioner , who is in custody since 8.10.2012 in Katihar Rail P.S. Case No. 19 of 2012 registered for the offence under Section 328, 379 of the Indian Penal Code and subsequently Section 307/ 34 of the Indian Penal Code was added has prayed for grant of bail primarily on the ground that though the petitioner is in custody since the year 2012 till date not even a single witness has been examined by the prosecution. He submits that charge was framed long back in this case. Vide order dated 19.10.2016 a report was called for from the court below regarding the present stage of the case which has been received and kept at flag 'A'. The report of
Patna High Court Cr.Misc. No.43031 of 2016 (3) dt.08-12-2016 2/2 learned Additional Sessions Judge Vth , Katihar dated 24th November 2016 indicates that charge was framed on 2.1.2014 however despite processes till date not even a single witness has been examined.
Keeping in view the period of custody and the pace of trial , the court is of the opinion that petitioner may not be detained further without any trial.
Accordingly let the petitioner Kari Sahani @ Fagu Sahani be enlarged 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 learned Additional Sessions Judge - II, Katihar / concerned court in connection with Katihar Rail P.S. Case No. 19 of 2012 with condition that one of the bailors must be blood relation of the petitioner. (Rakesh Kumar, J) Praful/- U T