Shukar Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50148 of 2017 Arising Out of PS.Case No. -65 Year- 2003 Thana -KHAIRA District- JAMUI ====================================================== Shukar Hansda, son of Baraku Hansda, resident of village-Deepakrhar, P.S. Khaira, District Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code, Section 27 of the Arms Act, Section 3⁄4 of Explosive Substance Act and Section 3⁄4 of Terrorists Act. Earlier the prayer for bail of the petitioner was rejected by this court vide order dated 22.10.2016 passed in Cr. Misc. No. 33774 of 2016 giving liberty to petitioner to renew his prayer for bail, if his trial is not concluded within nine months from the date of receipt/production of copy of that order. The learned Chief Judicial Magistrate, Jamui has reported that case of the petitioner is still pending in his court and the same has not been committed as yet.

Patna High Court Cr.Misc. No.50148 of 2017 (4) dt.17-01-2018 2/2 Learned counsel appearing for the petitioner informs that petitioner is in jail custody since 11.04.2015 and having more or less similar allegation, several co-accused have already been granted privilege of bail by different Benches of this court. Para-3 of the petition goes to show that prior to institution of the present case, only two cases had been lodged against the petitioner and no specific overt-act has been attributed against him in the present case.

Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 65 of 2003, subject to condition that one of the sureties must be close relative of the petitioner, who shall swear an affidavit before the court below to this effect as to how is he/she related with the petitioner. (Hemant Kumar Srivastava, J) SHAHZAD/- U T