Patna High CourtCR. MISC./41930/2014bail granted

Sudhakar Singh v. The State Of Bihar

2015-02-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41930 of 2014 Arising Out of PS.Case No. -98 Year- 2011 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Sudhakar Singh S/o Pyare Singh Resident of Village- Kon Bajitpur, Police Station,- Samastipur (M), District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Verma For the Opposite Party : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 The petitioner has renewed his prayer for bail in a case registered under Section 392 of the I.P.C. Accusation is robbing the motorcycle of the informant. The First Information Report was registered against unknown. The name of the petitioner sprang up on confession of the co-accused.

It is submitted by learned counsel for the petitioner that petitioner is languishing in custody since 27.09.2011 when nothing has been recovered from the petitioner and thrice the informant was noticed for appearing in the test identification parade but the informant did not appear. A statement to that effect has been made in para 9 of the petition. Earlier the bail application of the petitioner was rejected since petitioner was accused in twenty seven other cases but a direction was given to the learned Court below to

Patna High Court Cr.Misc. No.41930 of 2014 (2) dt.18-02-2015 2/2 conclude the trial within a period of nine months. A statement has been made in para 11 of the petition that trial has still not concluded.

Considering the period under custody and the fact that petitioner has not been put on test identification parade, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 98 of 2011. Considering the serious criminal antecedent of the petitioner, let learned Court below cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions or gets involved in serious nature of offence. (Dinesh Kumar Singh, J) Shageer/- U T