High Court Patna High Court - Orders

Shiv Nath Das vs The State Of Bihar on 14 July, 2010

Patna High Court – Orders
Shiv Nath Das vs The State Of Bihar on 14 July, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.10077 of 2010
                          SHIV NATH DAS
                                Versus
                        THE STATE OF BIHAR
                               -----------

03 14.07.2010 Renewing the prayer for bail on the 4th

occasion, the submission is that he is in custody

since 20.10.2006. Charges have been framed on

7.1.2008 vide Annexure-6. This Court had noticed

that out of the 12 witnesses 7 were official witnesses

with an observation that, if the official witnesses are

not examined within reasonable time the petitioner

may renew his prayer for bail last rejected on

12.8.2009.

The report called for at Flag-A states that

the trial is running for evidence since 20.2.2008

and of the 16 witnesses only 3 have been examined,

this despite informing the Superintendent of Police,

West Champaran.

The credit for grant of bail to the petitioner

in a police case under the N.D.P.S. Act goes to the

laxity of the prosecution. Let the petitioner, above

named, be enlarged on bail on furnishing bail bonds

of Rs. 20,000/- (Twenty thousand) with two sureties

of the like amount each to the satisfaction of

Additional Sessions Judge, F.T.C.-III, West

Champaran, Bettiah in connection with Chanpatiya
2

P.S. Case No. 235 of 2006, T.R. No. 10 of 2007.

The bail bonds of the petitioner shall bear

the photograph and proof of residence of the bailors

which shall be verified through the local Police

before final acceptance. Both the sureties of the

petitioner must be his wife and another blood

relative, who shall adequately be explained at the

time of acceptance of the bail bonds that should the

petitioner abscond they may be made answerable.

The trial court is directed to proceed

appropriately under 350 Cr.P.C. against the official

witnesses, who were not appearing despite

summons and conclude the summary trial against

such witnesses at the earliest.

Let a copy of this order be sent by Fax to

the Superintendent of Police, West Champaran for

appropriate action.

P.K.                             (Navin Sinha, J.)