Prem Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.4867 of 2015 (3) dt.18-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4867 of 2015 Arising Out of PS.Case No. -360 Year- 2012 Thana -AHIAPUR District- MUZAFFARPUR ======================================================
1. Prem Kumar Son of Ram Chandra Singh Resident of vill-Khanpur Baidyanathpur,P.S-Ahyapur,Distt.-Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner has renewed his prayer for bail which was rejected earlier vide order dated 11.7.2014 passed in Cr. Misc. No. 16202 of 2014 on the ground that the stage has been changed and three prosecution witnesses have been examined and the case is pending for evidence. There is no likelihood of early conclusion of the trial and further there is no chance of tampering with the prosecution evidence and the petitioner is in custody since 31.1.2014 and now he has sufficiently been penalized to which the learned APP opposes.
In the facts and circumstances stated above, considering that the evidence is going on and there is no chance of
Patna High Court Cr.Misc. No.4867 of 2015 (3) dt.18-03-2015 tampering with the prosecution evidence, as such, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge, Muzaffarpur in S. T. No. 498 of 2014 arising out of Ahiyapur P.S. Case No. 360 of 2012, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) avin/- U T