Anil Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.31642 of 2017 (3) dt.30-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31642 of 2017 Arising Out of PS.Case No. -175 Year- 2015 Thana -SILAW District- NALANDA (BIHARSHARIFF) ======================================================

1. Anil Prasad, S/o Mohan Prasad, Resident of Village- Dularua, Bigha, P.S.- Silao, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar No.1 For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 324, 307 of the Indian Penal Code as well as Section 27 of the Arms Act. This is the second attempt of the petitioner for grant of regular bail in connection with Silao Police Station Case No. 175 of 2015.

Earlier prayer for bail of the petitioner was refused on 14.12.2016 in Cr. Misc. No. 40793 of 2016 as allegation against the petitioner is of commission of firearm injury at the stomach of Neha Kumari and the Doctor had found firearm injury as alleged. However, liberty was given to the petitioner to renew his prayer for bail if the trial is not concluded within six months.

Patna High Court Cr.Misc. No.31642 of 2017 (3) dt.30-08-2017 The report of the learned trial Judge reveals that the trial is at the fag end as only the Doctor and the Investigating Officer of the case is to be examined.

The petitioner is in custody since 29.03.2016. The learned court below is directed to conclude the trial within three months, failing which the petitioner would be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Biharsharif/successor court in connection with Sessions Trial No. 530 of 2016 arising out of Silao Police Station Case No. 175 of 2015, provided that the trial is not delayed due to latches on the part of the petitioner or his counsel. With the aforesaid observations, this application stands disposed of.

(Birendra Kumar, J) Kundan/- U T