Patna High CourtCR. MISC./46493/2016bail granted

Gorakh Nut v. The State Of Bihar

2016-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46493 of 2016 Arising Out of PS.Case No. -624 Year- 2015 Thana -PHULWARI District- PATNA ======================================================

1. Gorakh Nut Son of Late Prasad Nut @ Ram Prasad Nut Resident of Village-Khagaul Lakh Par P.S. Phulwarisharif District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and the State.

The petitioner is in custody in Phulwarisharif P.S.Case No.624 of 2015 registered under Sections 395 and 397 of the Indian Penal Code, pending in the court of Miss. Seems, learned Judicial Magistrate 1st Class, Patna. Allegedly in the house of father-in-law of the informant, dacoity was committed wherein the informant was assaulted with knife and ornaments valuing Rs. 25 lacs, cash of Rs. 50,000/- were taken away and when they were fleeing away, alarm was raised and then with the help of Mahalla people two persons were caught.

Earlier the prayer for bail of the petitioner was

Patna High Court Cr.Misc. No.46493 of 2016 (3) dt.23-11-2016 2/2 rejected vide Annexure 1 to the present application with an observation that the petitioner, if so advised, may renew his prayer for bail after completion of nine months in custody. In the light of the said observation the present application for bail on behalf of the petitioner has been preferred. A report was called for from the trial court. It has been reported that the charges have not yet been framed in this case. After framing of the charges, within one year the trial is expected to be concluded. The petitioner is in custody since 13.01.2016. No T.I. parade of jewellary has been conducted. The petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Miss. Seema Eram, learned Judicial Magistrate, 1st Class, Patna, in connection with Phulwarisharif P.S.Case No. 624 of 2015. (Sudhir Singh, J) singh/- U