IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8428 of 2011
HEMENT KUMAR
Versus
THE STATE OF BIHAR
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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.)