Uttam Kumar Singh @ Uttam Singh @ Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22268 of 2016 Arising Out of PS.Case No. -11 Year- 2014 Thana -PRANPUR District- KATIHAR ======================================================

1. Uttam Kumar Singh @ Uttam Singh @ Amit Kumar Singh Son of Baccha Singh Resident of village - Manihari, Police Station Manihari, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Mishra For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 05.11.2015 passed in Cr. Misc. No. 31111 of 2015 on the ground that the petitioner is in custody since 23.12.2014, he has been implicated due to the earlier dispute by the informant and as such the petitioner deserves sympathetic consideration as the trial has not been concluded within the stipulated period.

The learned A.P.P. opposes prayer for bail by submitting that the prayer for bail of other co-accused, namely, Md. Murad has been rejected. In reply, the learned counsel for the

Patna High Court Cr.Misc. No.22268 of 2016 (2) dt.18-05-2016 2/2 petitioner submits that the prayer for bail of co-accused Seikh Mubaraque and Kaushar @ Md. Kaushar have been allowed by another coordinate Benches of this Court.

In the facts and circumstances as stated above, considering the period of detention and further that in the near future the trial is not likely to be concluded and as such the petitioner is directed to 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 Sri S.C. Srivastava, the Additional Sessions Judge-Vth, Katihar in Sessions Trial No. 76 of 2015 arising out of Pranpur P.S. Case No. 11 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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