Patna High CourtCR. MISC./61204/2017bail granted

Dhanraj Kumar @ Dhananjay Kumar v. The State Of Bihar

2018-01-10Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61204 of 2017 Arising Out of PS.Case No. -118 Year- 2015 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ====================================================== Dhanraj Kumar @ Dhananjay Kumar, S/o Bishundeo Chauhan, R/o Village- Issua Beldariya (Paschim Tola), P.S. -Sarmera in the district of Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-01-2018 The petitioner, whose application for bail was earlier rejected by this Court vide order dated19.05.2016 passed in Cr. Misc. No.21657 of 2016, has renewed his application for grant of bail on the ground that though the petitioner is in custody since 24.10.2017, till date, only one witness has been examined on behalf of the prosecution.

While dismissing the earlier application for bail to the petitioner on 19.05.2016, this Court had observed that in case the trial is not concluded within one year from the date of framing of charge, the petitioner would be at liberty to renew his

Patna High Court Cr.Misc. No.61204 of 2017 (2) dt.10-01-2018 prayer for bail before the court below itself. Thereafter, the petitioner moved before the court below, but the prayer for bail was rejected.

In view of laxity on the part of the prosecution in producing its witnesses during trial and in the light of observation made by this Court vide order dated 19.05.2016, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10, 000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI, Nalanda at Biharsharif in connection with Sessions Trial No.476 of 2016 arising out of Sarmera P.S. Case No.118 of 2015. (Ashwani Kumar Singh, J.) Sanjeet/- U T