Mithilesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.29594 of 2014 (5) dt.07-01-2015 1/2

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29594 of 2014 Arising Out of PS.Case No. -19 Year- 2012 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Mithilesh Singh Son of INder Singh Resident of Village - Tilak Ray ka Hata, P.S.- Simri, District - Buxar .... Petitioner

Versus

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

For the Petitioner : Mr. Satyavrat Verma, Adv. For the Opposite Party : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 07-01-2015 Heard learned counsel for the petitioner and the State.

Earlier the bail petition of the petitioner was rejected in Cr. Misc. No. 43574 of 2013 on 15.01.2014 with an observation to the trial Court to expedite the trial taking coercive steps against the witnesses and to proceed with the trial on day-today basis so that the trial could be concluded within four months with a simultaneous direction to the Superintendent of Police, Lakhisarai, to produce the witnesses on the date fixed by the Court below, and if the trial is not concluded within the time stipulated, then, the trial Court shall consider the prayer for bail of the petitioner.

However, a report has been received from the Court below in which it has been reported that uptill now six witnesses have been examined out of thirteen, mentioned in the charge sheet and it has, further, been stated that one of the coaccused absconded and his bail bond cancelled so the case is still at the stage of appearance of the witnesses.

The learned counsel for the petitioner, however, contends that the petitioner is in jail since 23.03.2013 and has no

Patna High Court Cr.Misc. No.29594 of 2014 (5) dt.07-01-2015 2/2 criminal antecedent and the co-accused, Sanjay Mandal, having similar allegation, has been granted bail in Cr. Misc. No. 14310 of 2013.

Hence, on the principle of parity, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with S. Tr. No. 678 of 2012 arising out of Piri Bazar P.S. Case No. 19 of 2012 to the satisfaction of the Additional District & Sessions Judge, Lakhisarai, subject to the conditions that one of the bailors shall be close relative of the petitioner, who will file affidavit to the effect that the petitioner has no criminal antecedent and the petitioner shall appear in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself (Gopal Prasad, J) SA/- U U T T