Patna High CourtCR. MISC./40382/2016bail granted

Chunnu Sriwastava And ORS v. The State Of Bihar

2016-09-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40382 of 2016 Arising Out of PS.Case No. -402 Year- 1999 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chunnu Sriwastava S/o Ramji Prasad

2. Jai Prakash Singh Son of Bhrigunath Singh

3. Dhiraj Prasad Jaiswal Son of Yadav Lal Prasad Sah. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-B)a, 26, 35 of the Arms Act and Sections 3, 4 of Explosive Substance Act.

Bettiah Town P.S. Case No. 402 of 1999 was registered on 26.11.1999 and petitioners were made accused in that case. The aforesaid case was committed to the court of Sessions on 16.12.2006 but up till now, charge could not be framed.

The learned trial court has mentioned in the

Patna High Court Cr.Misc. No.40382 of 2016 (2) dt.29-09-2016 2/2 impugned order that non cooperation of accused as well as petitioner is reason of non framing of the charge in the present case. However, the impugned order goes to show that bail bonds of the petitioners were cancelled on 14.06.2016 and soon thereafter i.e. on 01.08.2016, they voluntarily surrendered before the trial court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of 5th Additional Sessions Judge, Bettiah, West Champaran in connection with Sessions Trial No. 934 of 2006 arising out of Bettiah Town P.S. Case No. 402 of 1999.

Before parting with this order, I think it proper to direct the trial court to expedite the trial and try to conclude the same as early as possible.

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