Patna High CourtCR. MISC./15899/2015bail granted

Kamlesh Sah v. The State Of Bihar

2015-04-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15899 of 2015 Arising Out of PS.Case No. -4 Year- 2013 Thana -MANJHI District- SARAN ======================================================

1. Kamlesh Sah Son of Nathuni Sah R/o village - Dumari, P.S. Manjhi, District - Chapra ( Saran ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Murari Mishra For the Opposite Party/s : Mr. Md.Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It appears from the order dated 21.03.2014 passed in Cr. Misc. No. 39052 of 2013 the trial court was directed to expedite the trial of the petitioner and try to conclude the same as early as possible , preferably within a year from the date of receipt/ production of a copy of that order but from perusal of the impugned order of learned Additional Sessions Judge 8th Saran at Chapra, it appears that the above stated order was brought to his notice on 17.01.2015.Moreover, it appears from the impugned order of learned Additional Session Judge that up till now not a single prosecution witness has been examined and admittedly, petitioner is in jail custody since 21.01.2013.

Patna High Court Cr.Misc. No.15899 of 2015 (2) dt.15-04-2015 2/2 No doubt, in course of investigation, the son of the deceased claimed that it was petitioner who gave fatal blow to deceased but admittedly, in fardbeyan the informant made omnibus allegation against the petitioner and others. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 8th Saran at Chapra in connection with Manjhi P.S.Case No.04 of 2013 corresponding to session trial no. 409 of 2013.

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