Patna High CourtCR. MISC./44454/2017bail granted

Mankar Chaudhary @ Makarwa v. The State Of Bihar

2017-09-13Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44454 of 2017 Arising Out of PS.Case No. -66 Year- 1999 Thana -KHAGAUL District- PATNA ======================================================

1. Mankar Chaudhary @ Makarwa, S/o Late Shivpujan Chaudhary R/o Nainchak, P.S.-Khagaul, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.

The petitioner seeks regular bail in Khagaul P.S. Case No.66 of 1999 registered for the offence under Sections 307, 353, 333, 387/34 of the I.P.C. , 27 of the Arms Act and 3⁄4 of Explosive Substance Act.

Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 16.02.2017 passed in Cr.Misc. No.5790/17 with observation that the petitioner may renew his prayer for bail if the trial is not concluded within a period of six months.

Submission of the learned counsel for the

Patna High Court Cr.Misc. No.44454 of 2017 (2) dt.13-09-2017 2/3 petitioner is that he has moved the trial court but the prayer for bail has been rejected and not a single witness has been examined so far and he is in custody since 9.11.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.D.J.-II, Danapur, in Session Trial No.377/02 arising out of Khagaul P.S. Case No.66 of 1999 subject to the conditions that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on

Patna High Court Cr.Misc. No.44454 of 2017 (2) dt.13-09-2017 3/3 two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) AnilKrSinha/- U