Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22897 of 2015 Arising Out of PS.Case No. -85 Year- 2013 Thana -KHUSRUPUR District- PATNA ======================================================

1. Dharmendra Kumar son of Dashrath Sao resident of of MohallaChattipur, P.S.- Khushrupur, Disttrict- Patna. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar Jha For the Opposite Party : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HON'BLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Report from the Superintendent, Adarsh Central Jail, Beur, Patna has been received whereunder the report submitted by Chief Medical Officer, Adarsh Central Bail, Beur, Patna has been attached. Photo stat copy of the case diary has also been received. The learned counsel for the petitioner wants to renew the prayer for bail which has already been rejected vide order dated 15.07.2014 passed in Cri. Misc No. 17803 of 2014 on the ground that petitioner is suffering in custody since 10.01.2014 and the petitioner is suffering from tuberculous meningitis (T.B.M.).

Patna High Court Cr.Misc. No.22897 of 2015 (3) dt.01-07-2015 2/3 He was referred to Medical Department, PMCH, Patna for special investigation and treatment. He was hospitalized there from 24.10.2014 to 04.11.2014 and after investigation, drugs for T.B.M. have been advised and at present he is hospitalized in the Jail Hospital and his health condition is poor.

Learned counsel further submits that condition of the petitioner is deteriorating day by day and as such considering his health condition, sympathetic view be taken as there is no chance of tampering with prosecution evidence. Charge-sheet has already been submitted and further the petitioner will co-operate during trial to which learned A.P.P. after going through the report submitted by Chief Medical Officer, Adarsh Central Jail, Beur, Patna, does not oppose.

In the facts and circumstances stated above, considering that the chargesheet has already been submitted and the condition of the petitioner is poor and he is going under treatment for tuberculous meningitis (T.B.M.) and as such now the petitioner 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 A.C.J.M., Patna City, Patna arising out of Khushrupur P.S. Case No. 85/13, subject to the conditions that one of the bailors must be a near relative and

Patna High Court Cr.Misc. No.22897 of 2015 (3) dt.01-07-2015 3/3 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) sushma/- U T