Patna High CourtCR. MISC./18513/2016bail granted

Sanni Kumar v. The State Of Bihar

2017-01-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18513 of 2016 Arising Out of PS.Case No. -63 Year- 2014 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Sanni Kumar, Son of Satish Choudhary, R/o Guljarbagh, P.S.- Alamganj, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anish Chandra, Advocate.

For the Opposite Party : Mr. B.N. Pandey, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2017 Heard both sides.

The petitioner seeks bail in Ganga Bridge P.S. Case No. 63 of 2014, registered for the offences punishable under Sections 394 and 411 of the Indian Penal Code and under Section 25(1B)A/26/35 of the Arms Act. The petitioner and other accused persons were arrested and looted articles with a country made pistol was recovered. Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected vide order dated 22.04.2015 in Cr. Misc. No. 8527 of 2015 with a direction to the trial court to conclude the trial within nine months but even after lapse of one year and nine months trial has not yet been concluded.

Patna High Court Cr.Misc. No.18513 of 2016 (4) dt.25-01-2017 2/2 A report was called for from the court in seisin of the case with regard to stage of the trial of Ganga Bridge P.S. Case No. 63 of 2014 and the learned Additional Chief Judicial Magistrate-12, Vaishali at Hajipur has reported that the case is still pending for evidence. From perusal of the report, itself, it appears that the Additional Chief Judicial Magistrate-12, Vaishali at Hajipur did not think it proper to issue any direction/bailable or non-bailable warrant of arrest to procure the attendance of the witnesses and it appears that he is not at all interested in disposal of the case, although the petitioner is in jail since 10.06.2014.

Since the petitioner has already remained in jail for more than 21⁄2 years and he has got no criminal antecedent, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-12, Vaishali at Hajipur in Ganga Bridge P.S. Case No. 63 of 2014, corresponding to Tr. No. 217 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T