Manoj Kumar @ Manoj Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44736 of 2017 Arising Out of PS.Case No. -251 Year- 2015 Thana -GAURICHAK District- PATNA ======================================================
1. Manoj Kumar @ Manoj Das, S/o Sohrai Das Resident of VillageTaranpur, P.S.- Gaurichak, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Sessions Trial No. 862 of 2016 arising out of Gaurichak P.S.Case No. 251 of 2015 registered under Sections 367 and 366-A/34 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 06.06.2016 passed in Cr.Misc. No. 6993 of 2016 with an observation that if the trial is not concluded within six months from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail before the court below itself.
It is contended by the learned counsel for the
Patna High Court Cr.Misc. No.44736 of 2017 (2) dt.20-09-2017 2/2 petitioner that after expiry of six months from the date of framing of charge the petitioner filed an application for grant of bail in the court of 1st Additional Sessions Judge, Patna City, which was dismissed vided order dated 21.08.2017. It is contended that the learned 1st Additional Sessions Judge, Patna City has not considered the prayer for bail of the petitioner on merit rather he has dismissed it only on the ground that the prayer for bail was earlier rejected by this Court.
Regard being had to the observation made in the previous order dated 06.06.2016 as no witness has been examined after framing of charge on 09.02.2017, the petitioner named above 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 1st Additional Sessions Judge, Patna City in connection with Sessions Trial No. 862 of 2016 arising out of Gaurichak P.S.Case No. 251 of 2015. (Ashwani Kumar Singh, J) Pradeep/- U T