Deepak Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.54495 of 2015 (3) dt.11-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54495 of 2015 Arising Out of PS.Case No. -72 Year- 2013 Thana -NAYAGAON District- SARAN ====================================================== Deepak Kumar, son of Sri Jitendra Singh, resident of village- Bhariya Narainpur, P.S.- Bhadaura, at present resident of village- Chaturpur, P.S.- Nayagaon, District- Saran (Chhapra).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate. For the Opposite Party/s : Mr. Narsing Tanti (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Nayagaon P.S. Case No. 72 of 2013 registered under Sections 363 and 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier refused on 04.02.2015 vide Criminal Misc. No. 43362 of 2014 with direction to conclude the trial within a period of nine months from the date of receiving or producing the copy of order before the trial court and in case the trial is not concluded within the stipulated time, then the petitioner shall be free to renew his prayer for bail. It is further

Patna High Court Cr.Misc. No.54495 of 2015 (3) dt.11-01-2016 submitted that while the charge has been framed on 14.09.2015 but up till not a single witness has been examined in this case. It is further submitted that petitioner has no criminal antecedent and is in custody since 19.05.2014. The report as received through Letter No. 319 dated 17.12.2015 received to the court of Additional District and Sessions Judge-IX, Chapra shows that while charge has been framed on 14.09.2015 but not a single prosecution witness has been examined.

Having regard to the facts and the circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-IX, Saran at Chapra, in connection with S. T. No. 433 of 2015/C. No. 1049 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T