Patna High CourtCR. MISC./10344/2017bail granted

Sanjay Kumar v. The State Of Bihar

2017-04-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10344 of 2017 Arising Out of PS.Case No. -371 Year- 2014 Thana -KHAGARIA District- KHAGARIA ====================================================== Sanjay Kumar S/o Rampukar Sahani Resident of Mohalla- Baluahi, Ward No. 26, P.S. & District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Chandra For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

Earlier the prayer for bail of the petitioner was rejected by this court vide order dated 25.07.2016 passed in Cr. Misc. No. 28772 of 2016 giving direction to trial court to conclude the trial of the petitioner within six months but the order dated 27.01.2017 passed by learned Additional Sessions Judge-IV, Khagaria in Sessions Trial No. 287 of 2016 goes to show that up till now, only charge could be framed against the petitioner and the prosecution has not produced even a single witness in course

Patna High Court Cr.Misc. No.10344 of 2017 (2) dt.12-04-2017 2/2 of trial.

No doubt, there is allegation of giving fatal blow to injured against the petitioner but the impugned order dated 27.01.2017 goes to show that there was free fight between the parties.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 23.04.2016 and does not have any criminal antecedent, 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 Additional Sessions Judge-IV, Khagaria in connection with Khagaria P.S. Case No. 371 of 2014 corresponding to Sessions Trial No. 287 of 2016.

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