High Court Patna High Court - Orders

Hement Kumar vs The State Of Bihar on 27 April, 2011

Patna High Court – Orders
Hement Kumar vs The State Of Bihar on 27 April, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.8428 of 2011
                                 HEMENT KUMAR
                                         Versus
                              THE STATE OF BIHAR
                                       -----------

3 27-4-2011 Heard learned counsel for the petitioner and learned

counsel for the State.

The trial for offence in question is pending before a

Judicial Magistrate, Ist. Class, Nalanda at Biharsharif. The

petitioner is in custody since 27-6-2008. After noticing that

the charges were framed on 9th February,2010, this Court

observed for concluding the trial at the earliest preferably

within six months as per order dated 18th August,2010.

Petitioner has renewed his prayer for bail on the

ground that a Ist. Class Judicial Magistrate can impose

sentence not exceeding three years R.I. only and only two

witnesses appeared to have been examined out of 14 named in

the charge-sheet as per report dated 30th March, 2011.

Considering all the facts and circumstances and the

period of custody, the prayer for bail is allowed. Let

petitioner Hemant Kumar be enlarged on bail on furnishing

bail bond of Rs.10,000/- with two sureties of the like amount

each to the satisfaction of the Chief Judicial Magistrate,
2

Nalanda at Biharsharif in connection with Silao P.S.Case No.

69 of 2008. One of the bailors must be a close relation

preferably family members of the petitioner and petitioner

must attend the trial on each and every date, otherwise the

court below will be at liberty to cancel the bail and take him

into custody.

Naresh                             ( Shiva Kirti Singh, J.)