IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23872 of 2010
Munna Mistry, son of Chandradeep Mistry,
resident of village Maulaganj, Police
Station Konch, District Gaya................Petitioner
Versus
The State Of Bihar....................Opposite Party
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5 03.08.2011 Heard learned senior counsel for the
petitioner as well as learned counsel for
the State.
The bail application of the
petitioner was earlier rejected by this
Court by order dated 20.10.2008 passed in
Cr. Misc. No.31332 of 2008. This Court
directed the trial of the case to be
expedited.
The trial having not been concluded,
petitioner has again moved for bail. This
Court had called a report from the trial
court as to how many witnesses have been
examined in the case so far and how many
charge sheeted witnesses remain to be
examined and within what time the same is
likely to be concluded.
From the report dated 08.03.2011
submitted by the trial court, it appears
that 12 witnesses have been examined in the
trial and 3 charge sheeted witnesses remain
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to be examined and out of three, two are
unofficial witnesses and one is Officer
Incharge.
A supplementary affidavit has been
filed on behalf of the petitioner today
along with which a typed copy of the order
sheet is annexed as Annexure-4. From the
order sheet it appears that P.W.11 and
P.W.12 were examined by the trial court on
22.12.2009 and discharged. Thereafter
defence filed a petition for recall of
certain witnesses but the same was not
moved and remains pending. However, the
order sheet shows that the case was
adjourned on several dates to enable the
prosecution to produce remaining witnesses,
but so far they have not produced any more
witness in the trial.
In the circumstances, it is apparent
that the prosecution is not interested in
early disposal of the trial.
As a result, the application is
allowed. Let petitioner (Munna Mistry) be
enlarged on bail on furnishing bail bond
of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to
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the satisfaction of F.T.C. III, Gaya in
Sessions Trial No.434/09 arising out of
Konch P.S. Case No.128/2007) with
conditions as laid down in sub-section
(3) of Section 437 of the Code of
Criminal Procedure as may be applicable
and also that one of the bailors shall be
a close relation of the petitioner. In
case of breach of any of the conditions
at any stage to the satisfaction of the
concerned court below, it shall be at
liberty to cancel the bail of the
petitioner and take steps for his arrest.
(J. N. Singh, J.)
BT