IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29972 of 2010
ARJUN SINGH
Versus
THE STATE OF BIHAR
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03. 15.09.2010 Petitioner has renewed his prayer for grant of bail in
view of liberty so granted to him by order dated 22.06.2009
(Annexure-1). The concluding paragraph of the said order reads
as under:
“However, if the trial of the case is not taken up
and the evidence on behalf of the prosecution is
not concluded within one year from the date of
receipt of this order in the court below, the
petitioner shall have liberty to approach this
Court.”
Status report was called for in this case by order
dated 25.08.2010 which is at Flag A. It appears therefrom that
various steps have been taken for production of witnesses, but no
witness on behalf of prosecution has been produced and
examined till the date of submission of the report (04.09.2009).
As per the allegation, the petitioner assaulted three
jail inmates causing one death and injuries to two prisoners. He
seems to be in custody since 31.07.2008.
Having regard to the materials available on record,
this Court while declining the prayer of the petitioner, disposes
of the present application by following order:
Let the trial court endeavour to examine all
prosecution witnesses within six months from the date of
receipt/communication of this order in the court below,
failing which the trial court(Addl. Sessions Judge, FTC
2
No.2, Nalanda, Biharsharif) shall release the petitioner
abovenamed on bail on furnishing bail bond of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to
its satisfaction in connection with Deepnagar P.S.Case
No.96/08(S.T.No.708/08) subject to the condition that one
of the bailors shall be his own/close family member. The
petitioner shall appear on each date fixed at the trial. In
case of default in such appearance on two consecutive dates,
the trial court shall cancel his bail bonds and secure his
arrest in accordance with law.
( Kishore K. Mandal )
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