Patna High CourtCR. MISC./32920/2018bail granted

Ajay Kumar Upadhyay v. The State Of Bihar

2018-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32920 of 2018 Arising Out of PS.Case No. -39 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajay Kumar Upadhyay, son of Late Ramakant Upadhyay, resident of village Nawada Gopalpur, P.S. Madhuban, District Mau (U.P.) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 12.7.2017 passed in Cr.Misc.No.27309 of 2017. There is recovery of huge amount of fake currency from the petitioner and other accused persons.

Submission of learned counsel for the petitioner is that there was direction to conclude the trial within a period of nine months but trial has not been concluded till date and petitioner is in custody since 8.8.2016. Further submission is that co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 23.3.2018 passed in Cr.Misc.No. 62965 of 2017. Heard learned APP, who has opposed the prayer for bail on the ground that report shows that five witnesses have been examined and the case is pending for examination of only three witnesses.

Patna High Court Cr.Misc. No.32920 of 2018 (4) dt.18-07-2018 2/2 Having heard both sides and in the facts and circumstances, as stated above, and considering the period of custody, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 9th Additional Sessions Judge, Motihari, in connection with Sessions Trial No. 489 of 2017, arising out of Ramgarhwa P.S.Case No. 39 of 2016, subject to the conditions that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and petitioner has to co-operate in disposal of trial and appear in court as and when required, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U