Patna High CourtCR. MISC./55715/2015bail granted

Chandan Raut v. The State Of Bihar

2015-12-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55715 of 2015 Arising Out of PS.Case No. -1073 Year- 2013 Thana -SITAMARHI District- SITAMARHI ====================================================== Chandan Raut, S/o Prakash Raut, Resident of village- Janki Ashthan, P.S. and District- Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Ms. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 1073/2013 registered under Section 395 and 397 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 25.08.2014 passed in Cr. Misc. No. 27364 of 2014 with following observations:- "The Chief Judicial Magistrate, Sitamarhi is directed to commit the case to the Court of Sessions for trial forthwith. The learned Sessions Judge, Sitamarhi is directed to ensure speedy trial

Patna High Court Cr.Misc. No.55715 of 2015 (2) dt.09-12-2015 2 / 2 of the case. In case the trial is not concluded within one year from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail."

It has been contended that the petitioner is in custody since 20.02.2014. The charges against him were framed on 19th September, 2014 and till date, no witness has been examined during trial. It has further been contended that the petitioner is neither named in the FIR nor any incriminating article has been recovered from his possession and his name transpired only on the basis of confessional statement of coaccused. 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/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 1073/2013.

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