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Patna High CourtCR. MISC./45217/2018bail granted

Sanni Kumar v. The State Of Bihar

2018-08-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45217 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -ALAMGANJ District- PATNA ======================================================

1. Sanni Kumar Son of Sujeet Kumar Resident of Mohalla Bhawar Pokhar, P.S. Pirbahore, Town & District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 30.8.2017 passed in Cr. Misc. No.36113 of 2017 with a direction to the learned trial court to expedite the trial.

Submission of the learned counsel for the petitioner is that in this case altogether six witnesses have been examined including the informant, her husband, I.O. and the Doctor but none of the material witnesses have supported the prosecution case and the deposition of the witnesses has been brought on record along with the supplementary affidavit, however, later on a petition has been filed under Section 311 of Cr.P.C. to recall the witnesses and for hearing, the case is still pending. The petitioner is in custody

Patna High Court Cr.Misc. No.45217 of 2018 (2) dt.02-08-2018 2/2 since 10.5.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Sessions Judge, Patna City, Patna in connection with Sessions Trial No.747 of 2017 arising out of Alamganj P.S.Case No.170 of 2017, with condition that he has to appear before the learned court below as and when required by the court concerned, other wise his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T