Jagarnath Singh v. The State of Bihar

CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 02 27-02-2013 Twice petitioner’s bail application has been rejected by this Court. The petitioner is in custody since 09.07.2010 in relation to Gaighat P.S. Case No.276 of 2009 instituted under Section-307/34 and other sections of the Indian Penal Code. On the second occasion, when the bail application was rejected, this Court had clearly observed that the case is not being committed to the Court of Sessions because one Rabindra Singh has been absconding. Rabindra Singh happens to be the son of the petitioner. Learned counsel for the petitioner submits that he has since surrendered and the charge has been framed. It is apparent from the order of the Trial Court that two witnesses have been examined, who have not supported the prosecution case. Be that as it may, considering the fact that the petitioner is in custody since 09.07.2010 and there is no sight of the trial ending soon, let the petitioner, namely, Jagarnath Singh be Patna High Court Cr.Misc. No.42551 of 2012 (02) dt.27-02-2013 - 2 - released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of 2ndAdditional Sessions Judge, Muzaffarpur in connection with Sessions Trial No.422 of 2011, arising out of Gaighat P.S. Case No.276 of 2009. Trivedi/- (Navaniti Prasad Singh, J.)