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Patna High CourtCR. MISC./5579/2016bail granted

Prakash Mahto And ANR v. The State Of Bihar

2016-02-24Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5579 of 2016 Arising Out of PS.Case No. -53 Year- 2014 Thana -ALOULI District- KHAGARIA ======================================================

1. Prakash Mahto Son of Late Ramdeo Mahto

2. Sudhir Mahto Son of Prakash Mahto Both residents of Village - Sumbha Gajighat Tola Kehuna, P.S. - Allouli, District : Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the state.

The petitioners want to renew the prayer of bail which was earlier rejected thrice vide orders dated 10.07.2014, 11.02.2015 and 23.09.2015 passed in Cri. Misc. Nos. 28776/14, 5101/15 and 41095/15 respectively on the ground that the trial has not been concluded and the petitioners are suffering in custody since 16.04.2014 and only one injury has been found on the person of the deceased.

In the facts and circumstances stated above, as the trial has not been concluded and, as such, above named petitioners are directed to be released on bail on execution of bail bonds of Rs.

Patna High Court Cr.Misc. No.5579 of 2016 (3) dt.24-02-2016 2/2 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Khagaria in connection with Alauli P.S. Case No. 53 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T