Patna High CourtCR. MISC./20959/2016bail granted

Manoj Choudhary v. The State Of Bihar

2016-05-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20959 of 2016 Arising Out of PS.Case No. -161 Year- 2013 Thana -FATEHPUR District- GAYA ======================================================

1. Manoj Choudhary, Son of Jago Choudhary, Resident of Village- Morhe, P.S.- Fatehpur, District- Gaya (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sunil Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 30.10.2015 passed in Cr. Misc. No. 30675 of 2015 on the ground that the petitioner is suffering in custody since 23.06.2013 and in the near future the trial is not likely to be concluded as recently on 08.04.2016 the case has been committed to the court of Sessions and the petitioner has voluntarily surrendered in the court below. There is no chance of tampering with the prosecution evidence.

The learned A.P.P. fairly submits that considering detention of the petitioner now lenient view can be taken as the trial was not concluded within the stipulated time as per order

Patna High Court Cr.Misc. No.20959 of 2016 (2) dt.11-05-2016 2/2 dated 30.10.2015 passed in Cr. Misc. No. 30675 of 2015. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.K.Jha, J.M. 1st Class, Gaya in Fatehpur P.S. Case No. 161 of 2013, 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) Abhay/- U T