Patna High CourtCR. MISC./14807/2016bail granted

Shailesh Paswan v. The State Of Bihar

2016-08-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14807 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Shailesh Paswan Son of Yadu Paswan resident of village - Sunderpur, Police Station - Belaganj in the district of Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-08-2016 Heard.

Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 08.12. 2015 passed in Cr. Misc. No. 37684 of 2015 and its analogous case but submission on behalf of the petitioner is that having similar allegation, coaccused Shiya Sharan Paswan and three others have already been granted privilege of bail by a co-ordinate Bench of this Court whereas petitioner is in jail custody since 13.06.2015. It would appear from perusal of the earlier rejection order dated 08.12. 2015 passed in Cr. Misc. No. 37684 of 2015 that this Court had directed the learned Chief Judicial Magistrate, Gaya to commit the case of the petitioner to the court of sessions and after commitment of the case, the trial court was directed to

Patna High Court Cr.Misc. No.14807 of 2016 (3) dt.10-08-2016 2/2 conclude the trial of the petitioner within six months from the date of receipt/ production of the record in sessions court. The trial court has reported that the case of the petitioner was committed to the court of sessions on 11.01.2016 and the record was received in the court of Sessions Judge, Gaya on the same day. The trial court further reported that the record of the case was received in his court on 29.01.2016 and, subsequently, on 29.02.2016, charge against the petitioner was framed but even after issuance of summons, not a single witness was produced by the prosecution.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IV, Gaya in connection with Belaganj P.S.Case No. 52 of 2015 corresponding to session trial no. 07 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T