Ajay Kumar Singh @ Ajay Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74015 of 2019 Arising Out of PS. Case No.-56 Year-2012 Thana- BHAGWANPUR District- Vaishali ====================================================== AJAY KUMAR SINGH @ AJAY KUMAR @ RAJA, aged about 27 years, Male, S/o Dilip Singh, R/o village- Shishauni Parbodhi, P.S.- Sarai, DistrictVaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Rina Sinha, Adv.

For the Opposite Party :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with S. Tr. No. 267 of 2012 arising out of Bhagwanpur P.S. Case No. 56 of 2012, registered under Sections 394, 411 and 307 of the Indian Penal Code and 27 of the Arms Act.

Submission is that prayer of bail of the petitioner has already been rejected thrice, lastly on 19.04.2014, vide Cr. Misc. No. 15273 of 2014, but, uptil now the trial of the petitioner has not been concluded and even not a single witness has been examined by the prosecution. The petitioner is in custody since 03.04.2012, near about eight years.

The report, regarding stage of the trial, as called for, has been received from the Court of the Additional Sessions Judge, II, Vaishali at Hajipur, through letter no. 423, dated

Patna High Court CR. MISC. No.74015 of 2019(3) dt.16-03-2020 2/2 21.12.2019, which indicates that for appearance of the prosecution witnesses, bailable warrant has been issued and no witness has been examined by the prosecution. Having regard to the facts and circumstances of the case and the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with S. Tr. No. 267 of 2012 arising out of Bhagwanpur P.S. Case No. 56 of 2012 to the satisfaction of the Additional Sessions Judge II, Vaishali at Hajipur, subject to the conditions that out of two bailors, one must either be parent or close relative of the petitioner and the petitioner will furnish undertaking that he will attend the trial Court on each and every date and in case of non-appearance of the petitioner, on two consecutive dates, without any reasonable ground, then, the trial Court shall be at liberty to cancel the bail bond of the petitioner. (Rajendra Kumar Mishra, J) Shamshad/- U T