Patna High CourtCR. MISC./29783/2016bail granted

Suman Kumar @ Suman Singh v. The State Of Bihar

2016-07-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29783 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Suman Kumar @ Suman Singh, son of Ram Bilash Singh, Resident of Village- Jajwara, P.S.- Suryagarha, District- Lakhisarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ambika Bhagat, Advocate. For the Opposite Party : Mr. Sri Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected by order dated 10.02.2016 passed in Cri. Misc. No. 55926 of 2015 on the ground that the petitioner is in custody since 29.06.2015, during trial 10 prosecution witnesses have been examined, the informant being P.W.1 has himself stated regarding the innocence of the petitioner during cross-examination and further other witnesses have turned hostile and did not support the prosecution version, the copy of deposition of those witnesses are annexed as Annexure-3 series.

Learned A.P.P. submits that the informant has retracted from earlier version and during trial he has not supported the

Patna High Court Cr.Misc. No.29783 of 2016 (2) dt.20-07-2016 2/2 prosecution case.

In the facts and circumstances stated above, now the petitioner above named 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 learned Additional Sessions Judge-IIIrd, Lakhisarai in connection with S.C. No.77 of 2016 arising out of Suryagarha P.S. Case No.121 of 2015, subject to conditions that one of the bailors must be 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.) Amit/- U T