Patna High CourtCR. MISC./49288/2014bail granted

Bablu Kumar v. The State Of Bihar

2015-03-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49288 of 2014 Arising Out of PS.Case No. -34 Year- 2013 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Bablu Kumar S/o Kashi Ram Resident of village -Rudranagar also recorded as Udainagar in F.I.R., P.S-Shahpur,Dist-Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. K.M.Joseph For the Opposite Party/s : Mr. Amrendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and Sri Amrendra Prasad, learned Addl. Public Prosecutor. The petitioner, who is in custody in Sessions Trial No. 409 of 2014 (arising out of Dinara P.S. Case No. 34 of 2013) registered for the offence under Sections 363, 366-A, 376, 120(B)/34 of the Indian Penal Code, has prayed for grant of bail. This is the second attempt for grant of bail. Earlier, by order dated 06-01-2014, vide Cr. Misc. No. 50840 of 2013, the prayer for bail of the petitioner was rejected on merit. However, learned counsel for the petitioner submits that though, the petitioner was in custody, earlier prayer for bail was rejected while the case was not committed to the court of sessions. He submits that though, the case has been committed to the court of sessions,

Patna High Court Cr.Misc. No.49288 of 2014 (2) dt.04-03-2015 2/2 till date, no witness has been examined and the petitioner is in jail since 19-02-2013.

Accordingly, in view of facts and circumstances, particularly; the fact that even after commitment of the case to the court of sessions, no witness has been examined, let the petitioner, named as Bablu Kumar be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Rohtas in connection with Sessions Trial No. 409 of 2014 (arising out of Dinara P.S. Case No. 34 of 2013). (Rakesh Kumar, J.) Anay/- U T