Patna High CourtCR. MISC./48687/2017bail granted

Arvind Singh @ Toofani v. The State Of Bihar

2018-01-10Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48687 of 2017 Arising Out of PS.Case No. -42 Year- 2013 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Arvind Singh @ Toofani S/o Laxman Mandal, R/o Village- Naya Karela, P.S.- Madhusudanpur (Nathnagar), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Sharma, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Sessions Trial No. 47 of 2013 arising out of Nathnagar ( Madhusudanpur) P. S. Case No. 42 of 2013, registered under Sections 364, 120 (B)/34 of the Indian Penal Code. Later on under Section 302/102 of the Indian Penal Code has been added.

Learned counsel appearing on behalf of the petitioner submits that the prayer of the petitioner has already been rejected thrice, lastly vide order dated 04.05.2016, passed in Cr. Misc. No. 14597 of 2016 with observation that if the trial of the petitioner is

Patna High Court Cr.Misc. No.48687 of 2017 (2) dt.10-01-2018 2/2 not concluded, the petitioner may renew his prayer for bail after six months.

After passing the aforesaid order dated 04.05.2016 passed in Cr. Misc. No. 14597 of 2016, trial is still pending against the petitioner. The petitioner is in custody since 28.02.2013(more than four years).

Considering the period of custody, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned IV Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No. 47 of 2014 arising out of Nathnagar ( Madhusudanpur) P. S. Case No. 42 of 2013, subject to the conditions that one of the bailors would be a close relative of the petitioner.

(Rajendra Kumar Mishra, J) Sudha/- U T