Anil Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.31313 of 2016 (3) dt.10-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31313 of 2016 Arising Out of PS.Case No. -175 Year- 2000 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Anil Sharma Son of Rajendra Sharma Resident of Village- Ankupur, P.S. Rampur Chauram, District- Arwal.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 05.04.2016 passed in Cr. Misc. No. 6005 of 2016, in the light of observation made therein as the petitioner was granted liberty to renew his prayer of bail after framing of charge.

It is submitted that charges have already been framed on 22.01.2016 and up-till now no prosecution witness has been examined. Other co-accused have already been acquitted in this case vide Sessions Trial No. 338 of 2008 / 29 of 2011 vide judgment dated 21.03.2012.

Learned APP fairly submits that in view of the observation, lenient view can be taken.

In the facts and circumstances stated above, the petitioner

Patna High Court Cr.Misc. No.31313 of 2016 (3) dt.10-08-2016 above named 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 Additional Sessions Judge III, Jehanabad in S. Tr. No. 46 of 2016 arising out of Jehanabad P.S. Case No. 175 of 2000, 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) avin/- U T