Patna High CourtCR. MISC./28135/2012bail granted

Sumant Kumar v. The State Of Bihar

2015-03-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.28135 of 2012 (6) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28135 of 2012 ======================================================

1. Sumant Kumar S/O Akhileshwar Prasad R/O Village - Sandalpur, Police Station - Harnaut, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajanan Arun For the Opposite Party/s Mr. Narsingh Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06/ 13.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 12.8.2009 in a case registered under section 364A of the IPC.

Petitioner is not named in the first information report and there is nothing in the impugned order to show involvement of the petitioner in the alleged crime.

It would appear from perusal of the record that this petition is pending since the year 2012 and several times, Senior Superintendent of Police, Patna was directed to send case diary and antecedent report of the petitioner but all went in vain and only supplementary case diary could be received. In the year 2007, first charge sheet was submitted but the petitioner was not charge sheeted in the first charge sheet. Again, in the year 2008, second charge sheet was submitted but investigation against this petitioner was kept pending and lastly, when third charge sheet was submitted, petitioner

Patna High Court Cr.Misc. No.28135 of 2012 (6) dt.13-03-2015 was made accused showing him absconder.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge III, Patnacity in Sessions trial no. 1299/2010 arising out of Sultanganj P.S. Case no. 482/2006.

shahid (Hemant Kumar Srivastava,J) U T