Patna High CourtCR. MISC./18819/2017bail granted

Kameshwar Bhuiyan @ Shiv Kumar Bhuiyan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18819 of 2017 Arising Out of PS.Case No. -106 Year- 2013 Thana -MADANPURA District- AURANGABAD ======================================================

1. Kameshwar Bhuiyan @ Shiv Kumar Bhuiyan Son of Ramavtar Bhuiyan, Resident of village - Badam, P.S. Madanpur, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 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 vide Criminal Misc. No. 13697 of 2016 by order dated 16.05.2016 by this Court on the ground that the petitioner is suffering in custody since 25.12.2015 and prayer of bail of other co-accused persons, namely, Dhananjay Bhuiyan, Amresh Bhuiya and Kamesh Bhuiyan have already been allowed by the learned court below in the direction of Criminal Miscellaneous No. 23110 of 2016, passed on 03.08.2016 and, as such, the petitioner also deserves sympathetic consideration. In this case liberty was given to the petitioner to renew his prayer for bail, if the trial is not concluded within nine

Patna High Court Cr.Misc. No.18819 of 2017 (2) dt.03-05-2017 2/2 months and up till now, only charge has been framed and no prosecution witness has been examined.

In the facts and circumstances stated above, 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 C.J.M., Aurangabad in connection with Madanpur P.S. Case No. 106 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