Charitra Sah @ Ranjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30176 of 2016 Arising Out of PS.Case No. -48 Year- 2015 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Charitra Sah @ Ranjeet Sah Son of late Bhajan Sah Resident of VillageSonbarsha, Police Station- Matariya, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Sr.Adv. Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

27-07-2016 Heard Sri Rama Kant Sharma, learned senior counsel, who was assisted by Sri Lakshmi Kant Sharma, learned counsel for the petitioner and Dr. Mrityunjay Kr. Gautam, learned Addl. Public Prosecutor.

This is the 3rd attempt for grant of bail on behalf of petitioner. The petitioner, who is in custody since 16-09-2015 in Matiariya P.S. Case No. 48 of 2015 registered for the offence under Section 307 & other allied sections of the Indian Penal Code, has approached this Court for the 3rd occasion for grant of bail. For the first time, vide order dated 10-11-2015 passed in Cr. Misc. No. 51344 of 2015, the prayer for bail of the petitioner was rejected, however; without waiting even for six months, again the petitioner filed 2nd bail petition, vide Cr. Misc. No. 16370 of 2016,

Patna High Court Cr.Misc. No.30176 of 2016 (2) dt.27-07-2016 2/2 which too was rejected, mainly on the ground that within short span of time, the prayer for bail was renewed. Thereafter, the present bail petition was filed.

Keeping in view the fact that by rejecting the prayer for bail on last occasion, this Court had already observed that prayer for bail was being rejected only for the moment, the Court is of the opinion that petitioner may be allowed to renew his prayer.

Accordingly, let the petitioner namely Charitra Sah @ Ranjeet Sah be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, West Champaran (Bettiah) in connection with Matiariya P.S. Case No. 48 of 2015 on condition that one of the bailor must be blood relation of the petitioner and secondly, on each and every date, the petitioner shall remain physically present before the court below. If continuously on two dates, the petitioner remains absent, without prior permission of the trial court, his bail-bond shall stand automatically cancelled.

(Rakesh Kumar, J.) Anay U T