Vikram Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15197 of 2021 Arising Out of PS. Case No.-147 Year-2018 Thana- BAUNSI District- Banka ====================================================== VIKRAM PANDIT S/O BECHAN PNADIT @ HARIHAR PANDIT RESIDENT OF VILLAGE MARWABARAN, POLICE STATION BAUNSI, DISTRICT BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bounsi P.S. Case No. 147 of 2018 corresponding to Sessions Trial No. 100 of 2019, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Earlier the bail application of petitioner was rejected vide order dated 04.12.2019 with an observation that if the trial is not concluded within a year, petitioner will be at liberty to renew his prayer for bail.

In para 10 of the petition, it is stated that on 04.02.2020 non-bailable warrant has been issued against the prosecution witnesses, but till date no witness has been

Patna High Court CR. MISC. No.15197 of 2021(2) dt.07-07-2021 2/2 examined before the trial court.

Considering the aforesaid facts and circumstances and the delay being caused on the part of prosecution in conducting the trial, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II/Successor Court, Banka in connection with Bounsi P.S. Case No. 147 of 2018 corresponding to Sessions Trial No. 100 of 2019 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T