Sanjay Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37435 of 2013 Arising out of P.S. Case No. -141 Year- 2009 Thana -PUPRI District- SITAMARHI =================================================== Sanjay Bhagat, Son of Late Mahendra Bhagat, Resident of Village-Berma, P.S.-Pupri, District-Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa, Adv. For the Opposite Party/s : Mr. R.B. Rai Raman (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 07.

05.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code.

Considering that the Petitioner is ready to physically appear on each date of trial and the trial is being delayed on account of latches of the prosecution, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge-I, Sitamarhi in connection with S.Tr. No. 70 of 2013 arising out of Pupri P.S. Case No. 141 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close

Patna High Court Cr.Misc. No.37435 of 2013 (7) dt.05-01-2015 relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.

The Trial Court is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, Sitamarhi, and the Superintendent of Police, Sitamarhi is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.) U T