Mukesh Kumar Diwedi v. The State Of Bihar

Patna High Court Cr.Misc. No.48573 of 2015 (3) dt.25-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48573 of 2015 Arising Out of PS.Case No. -191 Year- 2013 Thana -KATEYA District- GOPALGANJ ======================================================

1. Mukesh Kumar Diwedi, son of Late Suresh Diwedi, Resident of VillageBanarha, P.S. Kateya, District- Gopalganj, at present Prabandhak, Baikunthpur, PACs, P.S. Kateya, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew his prayer of bail which was earlier rejected twice by order dated 23.09.2014 and 25.11.2014 passed in Criminal Misc. No. 32172 of 2014 and Cri. Misc. No. 44301 of 2014 on the ground that the petitioner is in custody since 21/06/2014 and the alleged quantity of wheat has already been received by the informant and the informant has filed compromise petition also in the learned court below on 25.11.2013 but the said fact was not brought to the notice of Hon'ble Court at that time and, as such, the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.48573 of 2015 (3) dt.25-01-2016 The learned A.P.P. fairly submits that from Annexure-3 series, it reveals that the informant has compromised the case and compromise petition has also been filed.

In the facts and circumstances stated above, considering the detention of the petitioner and further considering that in near future trial is not likely to be concluded and, as such, the petitioner, 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 A.C.J.M., V. Gopalganj arising out of Kateya P.S. Case No. 191 of 2013 subject to the conditions that one of the bailors must be 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) sushma/- U T