Binod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7844 of 2018 Arising Out of PS. Case No.-112 Year-2014 Thana- BIHARIGANJ District- Madhepura ====================================================== Binod Mahto, son of Suraj Mahto @ Surya Narayan Mahto, Resident of Village- Biraili Bazar, P.S. Singheshwar, District- Madhepura ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Uday Chand Prasad, Advocate For the Opposite Party :
Smt. Gulnar Begam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 28.04.2016 and 26.07.2017 passed in Cr. Misc. 11463 of 2016 and Cr. Misc. No. 29337 of 2017, on the ground that petitioner is suffering in custody since 25.11.2014 and the trial has not been concluded, up till now only two prosecution witnesses have been examined who have turned hostile, though there was direction to conclude the trial within four months and, as such, the petitioner deserves sympathetic consideration.
The learned A.P.P. fairly submits that from the impugned order itself it reveals that the trial has not been
Patna High Court Cr.Misc. No.7844 of 2018(2) dt.21-02-2018 2/2 concluded and there is no progress in the trial. 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-I, Madhepura, in connection with Bihariganj P.S. Case No. 112 of 2014 (S.Tr. No. 69 of 2016), 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