Patna High CourtCR. MISC./57191/2017bail granted

Sharwan Bind v. The State Of Bihar

2018-02-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57191 of 2017 Arising Out of PS.Case No. -122 Year- 2016 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sharwan Bind S/o Late Ram Bhaju Jamadar, R/o Village- Mahtarwa, P.S.- Tharthari, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harsh Anuj, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Tharthari P.S. Case No.122 of 2016, giving rise to Sessions Trial No.203 of 2017, a case under Sections 341/323/325/447/448/379/302/307/504/34 of the Indian Penal Code.

The petitioner and co-accused Sudhir Jamadar allegedly assaulted with rod to the husband of the informant as a result whereof he died subsequently.

Submission of the learned counsel for the petitioner is that petitioner is full brother of the deceased. There is case and counter case. Allegation is not specific. The petitioner is

Patna High Court Cr.Misc. No.57191 of 2017 (3) dt.01-02-2018 P2/ in custody since 02.01.2017.

Learned counsel for the informant opposed the prayer for bail on the ground that three prosecution witnesses have already been examined during trial and the trial is likely to be concluded within six months.

If the trial would not be concluded within the aforesaid period, let the petitioner, above named, shall be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Let a direction should go to the Superintendent of Police, Nalanda at Biharshariff, to ensure production of all the prosecution witnesses within the time specially the official witnesses.

Accordingly, the application stands disposed of. (Birendra Kumar, J) Mkr./- U T