Mohan Mallah v. The State Of Bihar

Patna High Court Cr.Misc. No.28285 of 2017 (2) dt.19-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28285 of 2017 Arising Out of PS.Case No. -284 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Mohan Mallah Son of Late Agnu Mallah, resident of Mallah Toli, Mohania, P.S. Mohania, District Kaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 20.04.2017 passed in Cr. Misc. No. 3977 of 2017, on the ground that the petitioner was given liberty to renew his prayer of bail after completing one year in custody and the petitioner is in custody since 10.06.2016, he has already remained in custody for more than one year. The recovered quantity does not come under the purview of commercial quantity.

Learned APP fairly submits that the petitioner was given liberty to renew his prayer of bail after completing one year in custody.

In the facts and circumstances stated above, the petitioner

Patna High Court Cr.Misc. No.28285 of 2017 (2) dt.19-07-2017 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 learned Sessions Judge-cumSpecial Judge, Kaimur at Bhabua in N.D.P.S. Case No. 03 of 2016 arising out of Mohania P.S. Case No. 284 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) avin/- U T