Dasai Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27606 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- KESARIA District- East Champaran ====================================================== DASAI MUKHIYA Son of Gani Mukhiya @ Ginni Mukhiya, Resident of Village - Bankat Mafi, P.s.- Kesariya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kesariya P.S. Case No. 199/2018, instituted for offences under Section(s) 147, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code. Earlier prayer for bail of petitioner was rejected by this Court in Cr. Misc. No. 55706/2018 dated 11.10.2018 with liberty to renew prayer for bail after six months, if no substantial progress is made in the trial.

In the written report, there is allegation against this petitioner that he assaulted the grandmother of informant, namely, Shakali Devi with Farsa causing injury on her head. Report from the court below with regard to present stage of case has been received from which it appears that case is fixed for commitment.

In this manner no substantive progress is made in the trial

Patna High Court CR. MISC. No.27606 of 2019(3) dt.15-05-2019 2/2 by the court below after passing of the order by this Court. Petitioner is in custody since 04.07.2018.

Keeping in view the period of custody spent by petitioner, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIth, East Champaran in connection with Kesariya P.S. Case No. 199/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T