Mithilesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33674 of 2015 Arising Out of PS.Case No. -86 Year- 2013 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Mithilesh Pandey, Son of Late Gariban Pandey, Resident of Village- Mauni, P.S. Shiv Sagar, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rana Pratap Singh For the Opposite Party : Mr. Sanjay Kumar Tiwary-1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-08-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner wants to renew his prayer for bail which had already been rejected by order dated 16.07.2014 vide Cr. Misc. No. 18258 of 2014 on the ground that inspite of all the best effort taken by the learned trial Judge no prosecution witness has been produced in this case resulting the petitioner is suffering in custody since 11.04.2013. In near future the trial is not likely to be concluded. The wife of the petitioner has committed suicide by consuming poison and the prosecution is not interested in producing the witnesses.

The learned A.P.P. fairly submits that from the report of the trial Judge it reveals that the trial is not likely to be

Patna High Court Cr.Misc. No.33674 of 2015 (3) dt.19-08-2015 2/2 concluded in near future.

In the facts and circumstances as stated above, considering detention of the petitioner at this stage now he 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 learned Additional Sessions Judge-8, Rohtas at Sasaram in S.Tr. No. 567 of 2013 arising out of Shiv Sagar P.S. Case No. 86 of 2013, 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