Md. Noorsid @ Md. Narsid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14351 of 2017 Arising Out of PS.Case No. -19 Year- 2014 Thana -BAUSI District- PURNIA ====================================================== Md. Noorsid @ Md. Narsid Son of Md. Matin, Resident of Village- Chain Pani Sarda, P.S. Baisi, District Purnea.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ram Prawesh Kumar, Advocate.
For the Opposite Party : Mr. Mritunjay Kumar Nirala, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2017 Heard both sides.
The petitioner seeks bail in Baisi P.S. Case No. 19 of 2014, corresponding to Sessions Trial No. 719 of 2014 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 21.04.2015 passed in Cr. Misc. No. 7688 of 2015, with a direction to the trial court to conclude the trial within one year from the date of receipt or production of a copy of this order. It is further submitted that the trial has not yet been concluded and the petitioner is in jail since 29.04.2014.
A report was called for from the trial court and from the
Patna High Court Cr.Misc. No.14351 of 2017 (3) dt.17-05-2017 2/2 report it appears that three charge sheet witnesses are yet to be examined and, it is the report of the trial court that if both the parties agreed for disposal of the case, the case shall be disposed of expeditiously. From the report, itself, it appears that the 2nd Additional Sessions Judge, Purnea sat over the matter and does not want to conclude the trial. The 2nd Additional Sessions Judge, Purnea has not stated anywhere that, as to what step he has taken to conclude the trial after receipt of the order of this Court dated 21.04.2015 passed in Cr. Misc. No. 7688 of 2015. Considering the facts aforesaid and the fact that the petitioner is in jail for more than three years, 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 2nd Additional Sessions Judge, Purnea in Baisi P.S. Case No. 19 of 2014, corresponding to Sessions Trial No. 719 of 2014.
(Prabhat Kumar Jha, J.) KKSINHA/- U T