Patna High CourtCR. MISC./57343/2015bail granted

Tuntun Singh v. The State Of Bihar

2016-01-21Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57343 of 2015 Arising Out of PS.Case No. -83 Year- 1997 Thana -JOGBANI District- ARRARIA ====================================================== Tuntun Singh, son of Sri Badri Singh, resident of village Parora P.S. K. Nagar, District Purnea .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-01-2016 Heard Sri Ram Prawesh Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody since 26.08.2015 in connection with Jogbani P.S. Case no.83 of 1997 registered for the offence under Sections 25(1-B)A/26, 35 of the Arms Act, has prayed for grant of bail.

The petitioner was initially granted bail by a Bench of this Court on 19.05.1998 vide Cr.Misc. No.9587/1998. However a plea has been taken by learned counsel for the petitioner that since the record of the case was separated, the petitioner failed to keep track of the case and his bail bond stood cancelled. Even thereafter, though the petitioner is in custody since 26.08.2015, till date charge has not been framed, whereas his prayer for bail

Patna High Court Cr.Misc. No.57343 of 2015 (3) dt.21-01-2016 2/2 was rejected by the learned 3rd Addl. Sessions Judge, Araria on 07.10.2015.

Keeping in view the fact that the petitioner is in custody since 26.08.2015 and till date charge has not been framed, the Court is of the opinion that the petitioner may not be further detained. Let the petitioner , namely, Tuntun Singh 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 Sri A.K. Mall, learned Judicial Magistrate, 1st Class, Araria in connection with Jogbani P.S. Case no.83 of 1997 with a condition that one of the bailors must be blood relation of the petitioner. (Rakesh Kumar, J) NKS/- U