Patna High CourtCR. MISC./19346/2015bail granted

Manoj Sahani v. The State Of Bihar

2015-05-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19346 of 2015 Arising Out of PS.Case No. -265 Year- 2013 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Manoj Sahani, Son of Lalan Sahani, resident of Village- Barari Jagdish , P.S- Uchakagaon, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 06-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Gopalganj (T) P.S. Case No. 265 of 2013 registered for the offences punishable under Sections 399, 402, 353, 414 and 307 of the Indian Penal Code as well as 25(1-B)(a), 26, 35 and 27 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected by this court vide order dated 22.09.2014 passed in Cr. Misc. No. 31073 of 2014 with following observations:- "The learned Additional Sessions Judge-4th, Gopalganj is directed to proceed with the trial on

Patna High Court Cr.Misc. No.19346 of 2015 (2) dt.06-05-2015 2 / 2 day-to-day basis and conclude the same as early as possible preferably within six months from the date of receipt/production of a copy of this order failing which the petitioners would be at liberty to renew their prayer for bail."

It has been contended that though the petitioner is in custody since 10.10.2013 but till date, neither the charges have been framed nor any witness has been examined on behalf of the prosecution.

Regard being had to the observations made in the aforementioned order dated 22.09.2014, 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 Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (T) P.S. Case No. 265 of 2013.

(Ashwani Kumar Singh, J.) Sanjeet/- U T