Nagendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52626 of 2017 Arising Out of PS.Case No. -91 Year- 2015 Thana -BHELDI District- SARAN ====================================================== Nagendra Rai, son of Sri Late Dharmnath Rai, resident of Village Shobhepur Bajar, P.S. Bheldi, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Ravi Ranjan, Advocate Mr. Pravin Kumar, Advocate Mr. Rituraj Ram, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 05.10.2016 passed in Cr. Misc. 41709 of 2016, on the ground that the petitioner is suffering in custody since 12.06.2015. The trial has not been concluded within time given by this Court and the petitioner was given liberty to renew his prayer for bail. Up till now four prosecution witnesses have been examined and no one has supported the prosecution case including the informant and, as such, the petitioner deserves sympathetic consideration as there is no specific allegation against the petitioner. The learned A.P.P. fairly submits that the informant due to reason best known to him has not supported the prosecution

Patna High Court Cr.Misc. No.52626 of 2017 (2) dt.08-11-2017 2/2 version during trial.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional District & Sessions Judge 8th, Saran at Chapra, in connection with Sessions Trial No. 568 of 2016, arising out of Bheldi P.S. Case No. 91 of 2015, 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.) Rajiv/- U T