Mukesh Kumar @ Gopal Prasad @ Bharat Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1389 of 2019 Arising Out of PS. Case No.-204 Year-2015 Thana- KOTWALI District- Patna ====================================================== Mukesh Kumar @ Gopal Prasad @ Bharat Prasad son of Late Chandeshwar Sharma, Resident of Mohalla- Kurji Baluper, P.S. Digha, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Prasad Singh For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-02-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
The petitioner is in custody in connection with Patna Kotwali P.S. Case No. 204 of 2015 for the offences under Sections 467, 471, 472 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 23.02.2017. Earlier the bail petition filed by the petitioner vide Cr. Misc. No. 36239 of 2017 has been rejected vide order dated 16.01.2018. While rejecting the prayer for bail, the Court observed that if the trial is not conclude within a period of one year, petitioner may renew his prayer for bail and one year has now passed.
Considering the fact that one year granted by this Court in Cr. Misc. No. 36239 of 2017 vide order dated
Patna High Court Cr.Misc. No.1389 of 2019(2) dt.06-02-2019 2/2 16.01.2018 has expired, the Court is inclined to grant bail to the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 204 of 2015 with the following condition :-
(1) Petitioner will extend full cooperation in the early conclusion of the trial, the trial Court is directed to take steps for early disposal of the case within a period of six months. In the event petitioner is found involved in delaying the trial or influencing the witness the Trial Court shall be at liberty to cancel the bail bond of the petitioner. (Anil Kumar Upadhyay, J) mdrashid/- U T