Guletan @ Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31443 of 2019 Arising Out of PS. Case No.-285 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== GULETAN @ NISHANT KUMAR Son of Karu Singh @ Sanjeet Singh Resident of Village- Khojagachhi, Police Station- Barbigha in the district of Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Barbigha P.S. Case No. 285/2017, instituted for offence under Section 386 of the Indian Penal Code.

Earlier prayer for bail of petitioner was rejected by this Court in Cr. Misc. No. 53863/2018 dated 04.10.2018 with observation to renew the prayer for bail after six months in the event no substantive progress is made in trial. It is alleged in the written report that this petitioner along with Buletan and one unknown person assaulted the informant and also snatched his purse, mobile and other articles. It is mentioned in para 3 of bail petition that five other

Patna High Court CR. MISC. No.31443 of 2019(3) dt.19-06-2019 2/3 cases are pending against this petitioner, which are related to Arms Act and Bihar Excise Act.

Report from the court below regarding stage of trial has been received, from which it appears that case is pending for framing of charge.

Petitioner is in custody since 12.07.2018.

Keeping in view the period of custody spent by petitioner and no any substantive progress is made in trial, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No. 285/2017, subject to the conditions that, (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the

Patna High Court CR. MISC. No.31443 of 2019(3) dt.19-06-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner. (Sanjay Priya, J) rakhi/- U T