Patna High CourtCR. MISC./36926/2017bail granted

Shyam Gope v. The State Of Bihar

2017-10-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36926 of 2017 Arising Out of PS.Case No. -22 Year- 2013 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Shyam Gope Son of Kusheshwar Gope @ Kushan Gope R/o VillageOlibigha, P.S. Chandi Dist-Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chandi P.S. Case No. 22 of 2013, registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the prayer for bail of the petitioner has been rejected thrice lastly on 11.01.2017 vide Criminal Miscellaneous No. 49533 of 2016 with observation that if the trial of the petitioner is not concluded within six months, the petitioner would be at liberty to renew his prayer for bail, but up till now out of 12 witnesses cited in the Chargesheet only 07 witnesses have been examined and the petitioner is in custody since 12.03.2013.

Patna High Court Cr.Misc. No.36926 of 2017 (2) dt.04-10-2017 2/2 Having regard to the facts and the circumstances of the case and period of custody, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-III, Biharsharif, Nalanda in connection with Chandi P.S. Case No. 22 of 2013 (S.T. No. 680 of 2013). Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) manish/- U T