Patna High CourtCR. MISC./54513/2018bail granted

Surendra Prasad v. The State Of Bihar

2018-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54513 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Surendra Prasad S/o Late Singhashan Prasad, R/o Vill.- Purainia, P.S.- Mainatand, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 06.11.2017 passed in Cr. Misc. No. 44555 of 2017 in connection with Mainatand P.S. Case No. 53 of 2017 as there was allegation against him of recovery of 09kg of Ganja.

Submission of learned counsel for the petitioner that petitioner is aged about 70 years and the recovery is less than the commercial quantity and further he has been in judicial custody 10.06.2017 and there is no likelihood of conclusion of trial in near future.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the period of custody and also considering the age of the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs.

Patna High Court Cr.Misc. No.54513 of 2018 (2) dt.05-09-2018 2/2 Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bettiah, West Champran, in connection with Mainatand P.S. Case No. 53 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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