Dhiraj Kumar @ Dhiraj Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4009 of 2015 Arising Out of PS.Case No. -4 Year- 2012 Thana -RAMPUR District- GAYA ====================================================== Dhiraj Kumar @ Dhiraj Sonar, S/o Late Shyam Chandra Prasad, resident of Mohalla-Kiranighat, P.S.-Kotwali, District-Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate Mr. Dhananjay Kr. Gupta, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 28-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Sessions Trial No. 653 of 2012/ 3 of 2013 arising out of Rampur P.S. Case No. 4 of 2012 registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court on 9th October, 2013 in Cr. Misc. No. 20562 of 2013 with following observations:

"However, the learned 2nd Additional Sessions Judge, Gaya is directed to expedite Sessions Trial

Patna High Court Cr.Misc. No.4009 of 2015 (2) dt.28-01-2015 2 / 2 No. 653 of 2012/3 of 2013 and conclude the same within one year from the date of receipt/production of a copy of this order failing which the petitioner would be at liberty to renew his prayer for bail." It has been contended that though charges were framed against the petitioner on 2nd April, 2013 but till date, no witness has been produced on behalf of the prosecution in the Court and there is no likelihood of the trial coming to an end in near future. Having regard to the facts and circumstances of the case, 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 2nd Additional Sessions Judge, Gaya in Sessions Trial No. 653 of 2012/3 of 2013 arising out of Rampur P.S. Case No. 4 of 2012. (Ashwani Kumar Singh, J.) Sanjeet/- U T