High Court Patna High Court - Orders

Uma Nath @ Umanath Rai vs The State Of Bihar on 15 November, 2011

Patna High Court – Orders
Uma Nath @ Umanath Rai vs The State Of Bihar on 15 November, 2011
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.36165 of 2011
                     Uma Nath @ Umanath Rai
                               Versus
                         The State Of Bihar
                              -----------

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.)
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