Binod Turi @ Binod Kumar Turi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1638 of 2016 Arising Out of PS.Case No. -55 Year- 2014 Thana -CHANAN District- BANKA ====================================================== Binod Turi @ Binod Kumar Turi, Son of Shankar Turi Resident of Village - Bara, P.S. - Belhar, District Banka.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Satya Prakash Parasar For the Opposite Party : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-02-2016 The petitioner is accused in connection with Chandan P.S. Case No. 55 of 2014, registered under Section 395 and 397 of the Indian Penal Code.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The bail application of the petitioner had earlier been rejected on 13.04.2015 vide Cri. Misc. No. 45967 of 2014 and the petitioner is renewing his prayer of bail on the ground that petitioner is not named in the F.I.R. nor he was put on T.I.P as yet and the articles, which are said to be recovered from the house of the petitioner is said to be without bearing any marks of identification. Further submission is that the prayer for bail of the petitioner and one Suresh Sah was rejected on 13.04.2015 passed

Patna High Court Cr.Misc. No.1638 of 2016 (3) dt.23-02-2016 2/2 in Criminal Miscellaneous No. 45967 of 2014, but the said Suresh Sah has been enlarged on bail vide Criminal Miscellaneous No. 46029 of 2015 on 08.01.2016 passed by a co-ordinate Bench of this Court. The petitioner is in custody since 26.07.2014. Having regard to the facts and the circumstances of the case, 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 to the satisfaction of the Addl. District and Sessions Judge-VI, Banka in connection with S.T. No. 841 of 2014 (Chandan P.S. Case No. 55 of 2014.

Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Rajendra Kumar Mishra, J.)