Bhuntun Rai @ Bhantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42533 of 2017 Arising Out of PS.Case No. -2 Year- 2014 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhuntun Rai @ Bhantu Rai, Son of Vishwanath Rai, Resident of VillageMolnapur, Police Station-Rajepur, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 395 of the Indian Penal Code and 3⁄4 of Explosive Substance Act.

It is alleged that some articles are said to have been recovered from the possession of the petitioner and accordingly seizure list was prepared.

Earlier the bail application of the petitioner was rejected vide Annexure-1 and 2 to the present application, with a direction to conclude the trial preferably within a period of nine months.

A report was called for from the trial Court regarding

Patna High Court Cr.Misc. No.42533 of 2017 (3) dt.22-11-2017 2/2 the stage of the case. It has been reported that charge has not been framed.

It has been submitted that the petitioner is in custody since 10.01.2014. He has remained in custody for approximately 3 years and 9 months. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has not been put on T.I.P. The participation of the petitioner has not been ascertained. No offence under Section 395 of the Indian Penal Code can be made out against the petitioner. At best, it is a case under Section 414 of the Indian Penal Code.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Additional Sessions Judge-VI, Motihari, in connection with S.T. No. 878 of 2016, arising out of Sangrampur P.S. Case No. 02 of 2014. (Sudhir Singh, J) Amit/- U T