Godhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43339 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- NAGAR District- Vaishali ====================================================== Godhan Kumar Son of Munarik Rai @ Munarik Ray Resident of Village - Noonphar Gudri Bazar, P.S.- Hajipur Town, District - Vaishali - 844101. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

29-09-2021 Heard learned counsel for the parties.

This is 2nd attempt for grant of bail on behalf of petitioner. Earlier, the bail petitioner of petitioner was rejected, vide order dated 08.01.2021 passed in Cr.Misc. No. 29963 of 2020 (Annexure-1).

On last occasion, vide order dated 18.08.2021, a report was called for from the court below regarding stage of the trial, which has been received and kept at flag 'A'. Trial Court report reveals that in this case, charge has already been framed on 03.03.2021 and the case is at the stage of evidence. It is submitted on behalf of the petitioner that petitioner has got clean antecedent and is in custody since 12.02.2020.

Considering the period of custody, the bail petition of

Patna High Court CR. MISC. No.43339 of 2021(3) dt.29-09-2021 2/2 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 Special Judge, N.D.P.S. Act, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 146 of 2020, 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