Sunil Chaurasiya @ Sunil Kumar Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16133 of 2017 Arising Out of PS.Case No. -5 Year- 2014 Thana -SIMRI District- BUXAR ======================================================

1. Sunil Chaurasiya @ Sunil Kumar Chaurasia, Son of Rameshwar Chaurasiya, Resident of Village Balihar, Police Station - Simri, District - Buxar.

.... .... Petitioner

Versus

1. The State of Bihar.

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

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

The petitioner wants to renew his prayer of bail, which was earlier thrice rejected vide order dated 04.02.2015, 11.05.2016 & 19.10.2016 passed in Cr. Misc. No. 47132 of 2014, Cr. Misc. No. 18646 of 2016 & Cr. Misc. No. 44434 of 2016 respectively, on the ground that the petitioner is suffering in custody since 09.01.2014 and liberty was given to the petitioner to renew his prayer for bail if the trial is not concluded within four months and up till now only five witnesses have been examined out of twelve chargesheeted witnesses and in near future the trial is not likely to be concluded, other co-accused namely, Maksood Ansari who was also apprehended in Scorpio has been allowed

Patna High Court Cr.Misc. No.16133 of 2017 (2) dt.03-05-2017 2/2 bail vide by order dated 30.03.2016 passed in Cr. Misc. No. 56768 of 2015 by another co-ordinate bench of this court. The learned A.P.P. fairly submits that trial has not been concluded in spite of directions given by this Court. In the facts and circumstances stated above, 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 the learned Additional Sessions Judge-V-cum-Special Judge, Buxar, in connection with N.D.P.S. Case No. 01 of 2014, arising out of Simri P.S. Case No. 05 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