Patna High CourtCR. MISC./38775/2015bail granted

Gyanesh Kumar v. The State Of Bihar

2015-08-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38775 of 2015 Arising Out of PS.Case No. -147 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== Gyanesh Kumar, son of Nityanand Singh, resident of village- mSihma, P.S.- Matihani, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 147 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 vide order dated 11.12.2014 passed in Cr.Misc. No. 44075 of 2014 with following observations :- "Since the petitioner is in custody, the learned Chief Judicial Magistrate, Begusarai is directed to hold the trial on day-to-day basis and conclude the same as early as possible preferably within a period of six months from the date of receipt/production of a copy of the order, failing which the petitioner would be at liberty to renew his prayer for bail."

Patna High Court Cr.Misc. No.38775 of 2015 (2) dt.19-08-2015 2/2 It has been contended that though the petitioner is in custody since 19th June, 2014, till date only four out of 8 prosecution witnesses could be examined during trial. Regard being had to the facts and circumstances of the case, the petitioner Gyanesh Kumar 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 Judicial Magistrate 1st Class, Begusarai in connection with Khodawandpur P.S. Case No. 147 of 2014. (Ashwani Kumar Singh, J) Pradeep/- U T