Rajesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55845 of 2017 Arising Out of PS. Case No.-49 Year-2013 Thana- SIDHWARA District- Darbhanga ====================================================== Rajesh Sharma, S/o Ramprit Sharma, resident of Village- Rampati, P.S.- Singhwara, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. SMT. ANITA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 05.10.2016 and 13.03.2017 passed in Cr. Misc. No. 44310 of 2016 and 3996 of 2017, on the ground that the petitioner is in custody since 16.08.2016, the case is pending for prosecution evidence, trial has not been concluded as per the direction given by this Court, there is general and omnibus allegation against the petitioner and other co-accused to have assaulted the deceased. Up-till now only 4 prosecution witness have been examined out of 16 chargesheet witnesses and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail.

Patna High Court Cr.Misc. No.55845 of 2017(2) dt.22-11-2017 2/2 In the facts and circumstances stated above, considering the period of detention and further that in near future the trial is not likely to be concluded, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Darbhanga in Sessions Trial No. 268 (A) of 2014 arising out of Singhwara P. S. Case No. 49 of 2013, 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) avin/- U T