Patna High CourtCR. MISC./19707/2015bail granted

Dinesh Rai v. The State Of Bihar

2015-05-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19707 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Dinesh Rai, Son of Bigu Rai, Resident of Village- Nimahiya, P.S. Tariyani, District- Sheohar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Opposite Party/s : Mr. Dasrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 06-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Tariyani P.S. Case No. 113 of 2014 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court on 22.10.2014 in Cr. Misc. No. 39941 of 2014 with following observations:- "Since the petitioner is in custody, the learned Chief Judicial Magistrate, Sheohar is directed to hold the trial on day-to-day basis and conclude the same as early as possible preferably within six months from the date of receipt/production of a copy of this order failing which the petitioner would be entitled to renew his prayer for bail."

It has been contended that though the petitioner is in

Patna High Court Cr.Misc. No.19707 of 2015 (2) dt.06-05-2015 2 / 2 custody since 16th June, 2014 but till date, only two out of the ten witnesses could be examined by the prosecution in course of trial.

Regard being had to the observations made in the aforementioned order dated 22.10.2014, the petitioner is directed to 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 Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 113 of 2014. (Ashwani Kumar Singh, J.) Sanjeet/- U