IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36165 of 2011
Uma Nath @ Umanath Rai
Versus
The State Of Bihar
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2/ 15/11/2011 Heard learned counsel for the petitioner and
learned Additional P.P. for the State.
Petitioner who happens to be under custody in
connection with Sonepur (Hajipur) Rail P.S. Case No.35 of
2011 registered under Sections 379, 431 of the IPC, was
granted bail by learned Sessions Judge vide order dated
25.6.2011 with a condition that ” he will be released after
framing of charge as well as after examination of the
informant.”
It has been submitted on behalf of the petitioner
that charge has already been framed on 7.7.2011. The trial is
running for evidence and in spite of warrant of arrest non-
bailable issued against the informant, his presence has not
been secured uptil now. It has further been submitted that
petitioner has got no criminal antecedent and is in custody
since the day of inception of the case that means to say since
23.5.2011.
In the aforesaid background, the condition
imposed by the learned Sessions Judge is directed to vanish.
2
Consequent thereupon, the petition is allowed.
(Aditya Kumar Trivedi,J.)
perwez