Biru Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34748 of 2016 Arising Out of PS.Case No. -358 Year- 2014 Thana -PURNEA SADAR District- PURNEA ======================================================
1. Biru Paswan, S/o Sri Ram Bilash Paswan, R/o Vill. Gulabbagh, Pologram Bagicha, P.S. Sadar, District - Purnea.
2. Sukan Sharma @ Sukharu Kumar @ Sukhna Kumar S/o Sri Suresh Sharma, R/o Vill Hansda Tola, P.S. Sadar, District Purnea. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.
22-11-2016 Heard Sri Amit Kumar Anand, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, who are in custody in Sessions Trial No. 209 of 2016, arising out of Sadar P.S. Case No. 358 of 2014 registered for offence under Section 394 of the Indian Penal Code and subsequently Section 411 of the I.P.C. was added and chargesheet was finally submitted under Section 396 of the I.P.C., have prayed for grant of bail, mainly on the ground that the accused, on whose confession petitioners were made accused in this case, has already been granted bail by a Bench of this Court, vide order dated 13-04-2015 passed in Cr. Misc. No. 47235 of 2014.
It has further been argued that in this case, some of
Patna High Court Cr.Misc. No.34748 of 2016 (4) dt.22-11-2016 2/3 the accused persons were earlier put on trial, vide Sessions Trial No. 215 of 2015 and in the said trial, all the accused persons were acquitted.
In this case, earlier a report was called for from the court below, which has been received and kept at flag 'X'. The report of the 1st Addl. Sessions Judge, Purnea is peculiar in nature. He has stated that the record of the said trial was received on 08-08-2016; charge has already been framed and seven chargesheeted witnesses are yet to be examined. In view of earlier direction regarding expected date for conclusion of trial, the learned 1st Additional Sessions Judge, Purnia has stated that the expected period for concluding the trial is about two years. Meaning thereby that in near future, there is no chance for conclusion of the trial.
Keeping in view the fact that the co-accused, on whose confession petitioners have been made accused, has already been granted bail, there is no reason to further detain the petitioners.
Let the petitioners namely Biru Paswan and Sukan Sharma @ Sukharu Kumar @ Sukhna Kumar be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned
Patna High Court Cr.Misc. No.34748 of 2016 (4) dt.22-11-2016 3/3 3rd Additional Sessions Judge (Successor), Purnea in connection with Sessions Trial No. 209 of 2016, arising out of Sadar P.S. Case No. 358 of 2014.
(Rakesh Kumar, J.) Anay U T