Baiju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10193 of 2018 Arising Out of PS.Case No. -827 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Baiju Mahto, Son of Bhutta Mistri @ Bhutta Mahto, Resident of road No.-2, Karpurinagar, Akharaghat, P.S.- Town, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 16.05.2017 passed in Cr. Misc. No. 22063 of 2017 with direction to the Trial Court to conclude the trial within a period of seven months and the petitioner was given liberty that if the trial is not concluded within the aforesaid period, he may renew his prayer for bail.

Submission of learned counsel for the petitioner that the period of seven months has already expired and there is no likelihood of conclusion of trial in near future and he has been in judicial custody since 17.02.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the order dated 16.05.2017 passed in Cr. Misc. No. 22063 of 2017, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five

Patna High Court Cr.Misc. No.10193 of 2018 (2) dt.28-02-2018 2/2 Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 827 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T