Patna High CourtCR. MISC./62394/2017bail granted

Baidyanath Kumar @ Baijnath Kumar @ Bed Nath Kumar @ Bedant Kumar @ Lakhan Kumar @ Lakhan v. The State Of Bihar

2018-01-03Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.62394 of 2017 (2) dt.03-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62394 of 2017 Arising Out of PS.Case No. -560 Year- 2015 Thana -KADAMKUAN District- PATNA ======================================================

1. BAIDYANATH KUMAR @ BAIJNATH KUMAR @ BED NATH KUMAR @ BEDANT KUMAR @ LAKHAN KUMAR @ LAKHAN S/o Surendra Ram, R/o Mohalla- Ambedkar Colony, Nala Road, P.S.- Kadamkuan, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03.01.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 19.11.2015 and earlier bail prayer of the petitioner was rejected by this court but submission on behalf of the petitioner is that charge against the petitioner was framed on 15.7.2016 but up till now, not a single prosecution witnesses could be examined which is evident from perusal of the impugned order dated 3.11.2017.

Learned counsel for the petitioner further submits that trial court issued notices to the witnesses including the informant and when the concerned police went to serve

Patna High Court Cr.Misc. No.62394 of 2017 (2) dt.03-01-2018 notice upon the informant, informant refused to take notice and to depose before the court.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge IX, Patna in Sessions trial no. 423/2016 arising out of Kadamkuan P.S. Case no. 560/2015.

shahid (Hemant Kumar Srivastava,J) U T