Shankar Prasad @ Shankar Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33915 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -JALALPUR District- SARAN ====================================================== Shankar Prasad @ Shankar Kumar Prasad, S/o Vijay Prasad, resident of village- Karinga Kothi P.O.- Magaidih P.S.- Chapra Muffasil DistrictSaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Jalalpur P.S. Case No. 84 of 2014 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 09.12.2014 passed in Cr. Misc. No. 43673 of 2014 with following observations:- "Since the petitioner is in custody, Sri S.C. Srivastava, learned Judicial Magistrate, Chapra is directed to hold the trial on day-to-day basis and conclude the same as early
Patna High Court Cr.Misc. No.33915 of 2015 (2) dt.29-07-2015 2 / 2 as possible preferably within six months from the date of receipt/production of a copy of the order, failing which the petitioner would be at liberty to renew his prayer for bail." It is contended that the aforesaid order dated 09.12.2014 was received in the court below on 12.12.2014 but till date even charges have not been framed.
Regard being had to the facts and circumstances of the case, 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 Judicial Magistrate-1st Class, Saran, Chapra in connection with Jalalpur P.S. Case No. 84 of 2014.
(Ashwani Kumar Singh, J.) Sanjeet/- U T