Shiv Balak Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62447 of 2017 Arising Out of PS.Case No. -35 Year- 2015 Thana -SARE District- NALANDA (BIHARSHARIFF) ====================================================== Shiv Balak Chaudhary S/o Late Chandar Chaudhary resident of village - Khetalpura, Police Station - Sare, District - Nalanda. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-01-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
The petitioner wants to renew his prayer for bail which was earlier thrice rejected vide orders dated 23.02.2016, 21.12.2016 and 26.07.2017 passed in Cr. Misc. Nos. 39324 of 2015, 54910 of 2016 and 29389 of 2017 respectively, on the ground that the petitioner being an old man is suffering in custody since 15.05.2015 having no specific allegation against him. Within the time granted by this Court the trial has not been concluded and in near future the trial is not likely to be concluded. The learned A.P.P. fairly submits that the trial has not been concluded within four months as granted by this Court. In the facts and circumstances stated above, the
Patna High Court Cr.Misc. No.62447 of 2017 (2) dt.03-01-2018 2/2 petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Nalanda at Biharsharif in connection with Sessions Trial No. 381 of 2016 arising out of Sare P.S. Case No. 35 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) Abhay/- U T