Patna High CourtCR. MISC./21390/2015bail granted

Asarfi Ram @ Asarfi Sah v. The State Of Bihar

2015-05-06Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.21390 of 2015 (2) dt.06-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21390 of 2015 Arising Out of PS.Case No. -16 Year- 2011 Thana -PALANWA District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Asarfi Ram @ Asarfi Sah Son of Parikshan Ram Resident of villageDhore, P.S. Pokharia, District- Parsa (Nepal). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Prasad For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It is very painful to see that while disposing of Cr. Misc. No. 32538 of 2012 vide order dated 31.08.2012, this Court directed the trial court to conclude the trial of the petitioner within ten months but the impugned order dated 13.01.2015 reveals that trial of the petitioner could not be concluded as the prosecution failed to complete its evidence and furthermore, the impugned order reveals that only six prosecution witnesses could be examined.

It would appear from the aforesaid facts that there is no substantive progress in the trial of the petitioner because at the

Patna High Court Cr.Misc. No.21390 of 2015 (2) dt.06-05-2015 time of passing order in Cr. Misc. No. 32538 of 2012, it was noticed by this Court that till the disposal of aforesaid Cr. Misc. No. 32538 of 2012 only six prosecution witnesses had been examined before the court below. Moreover, having more or less similar allegation, co-accused, Prabhu Das @ Prabhu Sah has already been granted privilege of bail by this court vide order dated 01.04.2015 passed in Cr. Misc. No. 7017 of 2015. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Motihari in connection with Palanwa (Bhelahi) P.S. Case No.

16 of 2011 corresponding to N.D.P.S. Case No. 90 of 2011, subject to condition that he shall attend the trial court on each and every date in person for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on three consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T