Patna High CourtCR. MISC./36893/2024bail granted

Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar

2024-05-17Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36893 of 2024 Arising Out of PS. Case No.-48 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== Mithlesh Kumar @ Mithilesh Kumar S/o- Bhola Mahto VillageMohaddinagar, PS- Halsi, District -Lakhisari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-05-2024 Heard the learned counsel for the petitioner as well as the learned APP for the State.

2. The earlier regular bail petition of the petitioner was rejected by this Court vide order dated 01.12.2023 passed in Cr. Misc. No. 70557 of 2023 and it was observed that if the trial is not concluded within a period of three months, the petitioner may renew his prayer for bail.

3. The learned counsel for the petitioner has submitted that duration of three months, as observed by this Court, has already been elapsed and the trial is not concluded up-till now. He submitted further that nine witnesses have been examined and none of them supported the prosecution case.

4. On the other hand, the learned APP for the State has

Patna High Court CR. MISC. No.36893 of 2024(2) dt.17-05-2024 2/2 opposed the prayer for bail.

5. Considering the above-mentioned facts and circumstances especially the fact that the trial has not been concluded within the stipulated period, let the petitioner abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Lakhisarai in connection with S.T. No. 383 of 2022 arising out of Halsi P.S. Case No. 48 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall physically appear before the learned court below on each and every date. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) kundan/- U T