Suraj Kumar Singh @ Suraj Singh @ Chunnu Singh @ Niraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50093 of 2016 Arising Out of PS.Case No. -1 Year- 2014 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================
1. Suraj Kumar Singh @ Suraj Singh @ Chunnu Singh @ Niraj Kumar Singh son of Narendra Singh resident of Village/Mohalla - Dhoom Nagar, P.S. - Motipur, District - Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2017 Heard both sides.
The petitioner seeks bail in Muzaffarpur Sadar P.S. case No. 01 of 2014 under Section 406, 420, 467, 468, 471, 120B/34 of the Indian Penal Code.
The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected twice by this court, vide order dated 06.02.2015 passed in Cr. Misc. No. 41523 of 2014 and vide order dated 18.05.2016 passed in Cr. Misc. No. 45765 of 2015. While rejecting the prayer for bail in Cr. Misc. No. 45765 of 2015 direction was given to the trial court to conclude the trial within four months from the date of receipt of the order. Sri Ajay Kumar Thakur, the learned counsel for the
Patna High Court Cr.Misc. No.50093 of 2016 (3) dt.30-01-2017 2/3 petitioner, submits that petitioner and one Amrendra Singh are alleged to have taken Rs. 1.14 crore from SBI to stack the same in different A.T.Ms. of SBI but they fled away with money. It is submitted that four months have already elapsed but the trial has not yet been concluded. The petitioner is in jail since 02.04.2014. The Senior Superintendent of Police, Muzaffarpur is present in court. He submitted that four witnesses have already been examined and since the Presiding Officer was transferred the court remained vacant for few months and, therefore, the trial could not be concluded. Senior Superintendent of Police, Muzaffarpur undertakes to examine all the witnesses within 15 days from today.
Considering the fact that petitioner has already remained in jail for about three years, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-cum-Sub Judge-VI, Muzaffarpur in Muzaffarpur Sadar P.S. Case No. 01 of 2014, corresponding to Sessions Trial No. 48 of 2016, subject to condition that petitioner shall present on each and every date fixed in the case failing which the court below shall cancel the bail bonds of the petitioner forthwith. The petitioner
Patna High Court Cr.Misc. No.50093 of 2016 (3) dt.30-01-2017 3/3 shall not make any effort to tamper with the evidence. The personal appearance of Senior Superintendent of Police, Muzaffarpur is dispensed with.
(Prabhat Kumar Jha, J) BKS/- U T