Patna High CourtCR. MISC./46874/2017bail granted

Bindeshwari Urawn v. The State Of Bihar

2017-10-04Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46874 of 2017 Arising Out of PS. Case No.-295 Year-2014 Thana- FALKAHA District- Katihar ====================================================== Bindeshwari Urawn, Son of Sri Puran Urawn, resident of Village + MohallaDummar Adiwasi Tola, P.S.- Falka (Pothia), District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Madhuranand Jha, APP-102 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 16.10.2015 passed in Cr. Misc. No. 28428 of 2015, on the ground that during trial in Sessions Trial No.58 of 2015 the informant has been examined as PW 4 and during cross-examination he turned as hearsay witness and stated that he had not seen anything. During cross-examination he has denied the prosecution version and as such now the petitioner deserves sympathetic consideration. Learned APP fairly submits that the informant during cross-examination has not supported the prosecution version. In the facts and circumstances stated above, the petitioner

Patna High Court Cr.Misc. No.46874 of 2017(2) dt.04-10-2017 2/2 above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II, Katihar in S. T. No. 58 of 2015 arising out of Falka (Pothia) P. S. Case No. 295 of 2014, 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