Patna High CourtCR. MISC./72587/2018bail granted

Jawahir Prasad Gupta v. The State Of Bihar

2019-03-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 72587 of 2018 Arising Out of PS. Case No.-138 Year-2017 Thana- DHANAHA District- West Champaran ====================================================== Jawahir Prasad Gupta S/o Harmun Gupta @ Harmun Sah resident of VillageKhalawapatti, P.S. Dhanaha, District- West Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Smt. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

The petitioner is in custody since 01.08.2017. The petitioner allegedly caused injury at the head of his brother, who died thereof.

Earlier prayer was refused on 11.01.2018 in Cr. Misc. No.58147 of 2017 with liberty to renew the prayer for bail if the trial is not concluded within nine months. The report of the learned trial Judge would reveal that only few prosecution witnesses have been examined uptil

Patna High Court CR. MISC. No. 72587 of 2018(3) dt.27-03-2019 2/2 now. Petitioner is ready to cooperate with the trial. Hence, considering the period already undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with S.T. No.1936 of 2018, arising out of Dhanaha P.S. Case No.138 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T