Patna High CourtCR. MISC./32545/2016bail granted

Deepak Kumar @ Dilip Kumar v. The State Of Bihar

2016-10-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32545 of 2016 Arising Out of PS.Case No. -53 Year- 2013 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Deepak Kumar @ Dilip Kumar son of Rama Mahto, village- Rasalpur Bhadwas, Abdulpur, Police Station- Mahua in the District of Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case under Section 394/511 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 24.1.2014 passed in Cr.Misc. No.3354 of 2014 with a direction to the trial court to conclude the trial within one year from the date of receipt/production of a copy of the order. It is contended that the order passed by this Court was immediately communicated to the court below. However, till date no witness has been examined during trial.

On the other hand, learned counsel for the State has submitted that it is a serious offence and on merits the prayer for

Patna High Court Cr.Misc. No.32545 of 2016 (3) dt.19-10-2016 2/2 bail of the petitioner had already been rejected by this Court. On query made by the Court, learned counsel for the State has failed to explain the reason as to why the witnesses are not being produced in the court.

Regard being had to the undue delay caused in progress of the trial, the petitioner, namely,Deepak Kumar @ Dilip Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No.53 of 2013.

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