Binay Kumar Bharati @ Binay Kumar @ Mithilesh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37524 of 2016 Arising Out of PS.Case No. -286 Year- 2015 Thana -SURSAND District- SITAMARHI ======================================================
1. Binay Kumar Bharati @ Binay Kumar @ Mithilesh Kumar
2. Monu Kumar @ Dharmendra Kumar Both sons of Sri Kant Singh Resident of Village- Pakari, P.S.- Fatehpur, District- Gaya. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 467, 468, 420, 379, 414/34 of the Indian Penal Code.
Earlier the prayer for bail of the petitioners was rejected by this court but petitioners are in jail custody since 05.12.2015 and the report of trial court goes to show that up till now, only three prosecution witnesses could be examined. Furthermore, the report of trial court reveals that petitioners were sent to Ara Jail in connection with Ara P.S. Case No. 310 of 2015. Therefore, the aforesaid fact goes to show that there is no
Patna High Court Cr.Misc. No.37524 of 2016 (3) dt.09-11-2016 2/2 likelihood of conclusion of trial of the petitioners in near future. It appears that prior to institution of the present case, petitioners had been made accused in Bajpatti P.S. Case No. 221 of 2015 and perhaps they were remanded in Ara P.S. Case No. 310 of 2015 after filing of the present petition.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri P.K. Lal, Judicial Magistrate 1st Class, Pupari, Sitamarhi in connection with Sursand P.S. Case No. 286 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T