Patna High CourtCR. MISC./16252/2017bail granted

Guddu @ Sumeshwer Mahto @ Sumesar Mahto v. The State Of Bihar

2017-05-03Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16252 of 2017 Arising Out of PS.Case No. -322 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Guddu @ Sumeshwer Mahto @ Sumesar Mahto, Son of Binod Mahto, Resident of Village-Maniyari, P.S.-Shikarpur, District-West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opposite Party : Mr. Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier twice rejected by order dated 23.11.2015 and 31.08.2016 passed in Cr. Misc. No. 32806 of 2015, and Cr. Misc. No. 31835 of 2016, on the ground that the petitioner is suffering in custody since 21.01.2015, chargesheet has not been submitted against the co-accused Ghuran Mahto, against whom there was allegation also for causing injury on the head of the deceased and, as such, allegation has not been found true by the investigating officer, in near future the trial is not likely to be concluded as up till now no prosecution witness has been examined. The learned A.P.P. opposes the prayer of bail.

Patna High Court Cr.Misc. No.16252 of 2017 (2) dt.03-05-2017 2/2 In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Manas Kumar, learned Judicial Magistrate, 1st Class, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 322 of 2014, 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.) Rajiv/- U T