Patna High CourtCR. MISC./32880/2021allowed

Mukesh Sahani v. The State Of Bihar

2021-07-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32880 of 2021 Arising Out of PS. Case No.-70 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Mukesh Sahani S/o Late Naga Sahani R/o village- Bairiya, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr. Bhanu Pratap Singh A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

26-07-2021 This is 2nd attempt for grant of bail on behalf of petitioner. Earlier, the prayer for bail of petitioner was rejected by this Court, vide order dated 12.01.2021 passed in Cr.Misc. No. 34768 of 2020 with following observation: "If the trial is not concluded within three months, the petitioner, if so advised, may renew his prayer for bail."

It is submitted on behalf of the petitioner that till date, even cognizance has not been taken and petitioner is in custody since 17.08.2020.

Considering the period of custody and observation of this Court, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned

Patna High Court CR. MISC. No.32880 of 2021(2) dt.26-07-2021 2/2 Special Judge, Excise, Muzaffarpur in connection with Sahebganj P.S. Case No. 70 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T