Manejar Mahto @ Manager Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39104 of 2017 Arising Out of PS.Case No. -122 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Manejar Mahto @ Manager Mahto, Son of Punkal Mahto, Resident of Village-Hajipur, P.S.-Kesaria, District-East Champaran .... Petitioner
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shakil Ahmad Khan, Adv. For the Opposite Party : Mr. Sakir Ahmad, APP 195 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2017 Heard both sides.
The petitioner seeks bail in Sessions Trial No. 560 of 2015 arising out of Kaseria P.S. Case No. 122 of 2014 registered under Section 376 other sections of the Indian Penal Code. The prayer for bail of the petitioner was rejected firstly on 30.06.2015, passed in Cr. Misc. No. 13171 of 2015 with a direction to the trial Court to conclude the trial within nine months from the date of receipt of the aforesaid order, but, the trial could not be concluded. The petitioner, again, moved for bail in Cr. Misc. No. 20851 of 2016, which was rejected on 30.05.2017 with a direction to the trial Court to conclude the trial within two months as only the victim and the investigating officer were to be examined.
It appears, from the perusal of the report of the learned Additional District & Sessions Judge, XIV, East Champaran at Motihari, that till date the investigating officer and the informant could not be examined. The report of the Superintendent of Police, East Champaran at Motihari, reveals that
Patna High Court Cr.Misc. No.39104 of 2017 (3) dt.15-11-2017 2/2 the informant was produced on two dates, but, on one date the Presiding Officer was on leave and on another date no Court work could be transacted due to death of an Advocate. The petitioner is in jail since 07.07.2014.
Considering the facts, aforesaid, that the petitioner, above named, has already remained in jail for about 31⁄2 years, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 560 of 2015 arising out of Kaseria P.S. Case No. 122 of 2014 to the satisfaction of the Additional District & Sessions Judge, XIV, East Champaran at Motihari.
(Prabhat Kumar Jha, J) SA/- U √ T √