Sunil Khatry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5085 of 2018 Arising Out of PS.Case No. -140 Year- 2013 Thana -GOH District- AURANGABAD ======================================================

1. Sunil Khatry, S/o Shankar Lal Khatry, R/o Village- Jakhim P.S.- Rafiganj, District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 08.08.2017 in connection with Goh P.S. Case No. 140/2013 registered for the offences punishable under Sections 147/148/149/324/353/307/326/435/379/427 /302 of the Indian Penal Code, Section 3⁄4 of Explosive Substance Act, Section 10 of the UAPA and Section 17 of the C.L.A. Act.

Learned counsel appearing on behalf of the petitioner has filed a supplementary affidavit in which it is being stated that the co-accused who had given the confessional statement, on the basis of which the petitioner had been taken into custody, has since been acquitted of the charge.

Patna High Court Cr.Misc. No.5085 of 2018 (3) dt.19-02-2018 2/3 Considering the aforementioned facts and circumstances of the case and that other similarly situated has since been granted the privilege of regular bail, let the petitioner above named, be released on bail on furnishing bail bonds 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 Goh P.S. Case No. 140/2013, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to

Patna High Court Cr.Misc. No.5085 of 2018 (3) dt.19-02-2018 3/3 move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T