Patna High CourtCR. MISC./41142/2018allowed

Jaishimuddin Ansari @ Jasimudidan Ansari v. The State Of Bihar

2018-09-05Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41142 of 2018 Arising Out of PS. Case No.-52 Year-2016 Thana- Bhabhua District- Bhabhua (Kaimur) ====================================================== Jaishimuddin Ansari @ Jasimudidan Ansari, S/o Phajalu Rahman @ Shazalu Ansari, R/o Vill.- Sikathi, Police Station- Bhabhua, District- Kaimur (Bhabhua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-09-2018 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Babhua P.S. Case No. 52 of 2016 registered for the offence punishable under sections 302/34 of the Indian Penal Code. Petitioner had earlier moved this court twice for grant of bail in Cr. Misc. Nos. 52943 of 2016 and 39961 of 2017 which were rejected vide orders dated 10.01.2017 and 15.11.2017 respectively with direction to the trial court to conclude the trial within six months.

Learned counsel appearing for the petitioner submits that despite direction of this court, the trial of the case has not concluded as yet. Petitioner is languishing in custody since 02.02.2016.

Patna High Court Cr.Misc. No.41142 of 2018(3) dt.05-09-2018 2/2 Pursuant to order dated 25.07.2018, a report dated 31.07.2018 has been received from the court below regarding present stage of the trial. Perusal of the report shows that in the trial out of 14 witnesses only three have been examined till date. Considering the facts and circumstances of the case, period of custody of the petitioner and the slow progress of the trial, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhu in connection with Babhua P.S. Case No. 52 of 2016.

(Arvind Srivastava, J) mcv/-Sanjeev U T