Ashok Prasad @ Ashok Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.8061 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8061 of 2017 Arising Out of PS.Case No. -445 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashok Prasad @ Ashok Bhagat Son of Ram Nath Bhagat, Resident of Village- Koilahara Math, Police Station- Madhuban, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 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 14.07.2016 passed in Cr. Misc. No. 24761 of 2016, on the ground that the petitioner is suffering in custody since 11.02.2016, nothing has been recovered from possession of the petitioner, he has not been put on test identification parade, besides confessional statement and criminal antecedent there is nothing against the petitioner and further the trial has not been concluded within six months as given by this Court and the petitioner was given liberty to renew his prayer of bail, up-till-now not even a single prosecution witness has been examined and in near future the trial is not likely to be concluded and as such the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.8061 of 2017 (2) dt.22-02-2017 Learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering that the trial has not been concluded within the time given by this Court and nothing has been recovered from possession of the petitioner, 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 2nd Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No. 726 of 2016 arising out of Harsidhi P.S. Case No. 445 of 2015, 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