Bharosi Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43234 of 2018 ======================================================
1. Bharosi Rai S/o Late Tirpit Rai, R/o Vill.- Bathuara, P.S.- Bela, DistrictSitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 13.09.2017 passed in Cr. Misc. No. 41345 of 2017 with direction to the trial court to conclude the trial within a period of nine months and the petitioner was given liberty that if the trial is not concluded within the aforesaid period, he may renew his prayer for bail .
Allegation against the petitioner was recovery of 03 kg of ganja.
Submission of learned counsel for the petitioner is that recovery is quite less than the commercial quantity. Moreover, he has been in judicial custody for eighteen months land and there is no likelihood of conclusion of trial near future.
Patna High Court Cr.Misc. No.43234 of 2018 (2) dt.18-07-2018 2/3 Heard learned A.P.P. also.
Having heard both sides, in view of the above facts as well as in view of the order dated 13.09.2017 passed in Cr. Misc. No. 42374 of 2017, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. I, Sitamarhi, in connection with Bela P.S. Case No. 25 of 2017, Tr. No. 17/17 subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates
Patna High Court Cr.Misc. No.43234 of 2018 (2) dt.18-07-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T