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Patna High CourtCR. MISC./3088/2017bail granted

Gautam Mandal v. The State Of Bihar

2017-02-08Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3088 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -KOTWALI District- MUNGER ======================================================

1. Gautam Mandal, Son of Damodar Mandal, resident of village / Mohalla - Dilawarpur, Police Station - Kotwali, District - Munger .... .... Petitioner

Versus

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

For the Petitioner : Mr. Indu Bhushan, Advocate For the Opposite Party : Mr. Sri Ramchandra Sahani (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 22.10.2016 passed in Cr. Misc. No. 42114 of 2016, on the ground that the petitioner is suffering in custody since 14.07.2016 and liberty was given to him to renew his prayer for bail after remaining six months in custody from the date of remand and now more than six months have been elapsed and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. does not opposes the aforesaid submission.

In the facts and circumstances stated above,

Patna High Court Cr.Misc. No.3088 of 2017 (2) dt.08-02-2017 2/2 petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the Sri P.K. Sharan, learned Chief Judicial Magistrate, Munger, in connection with Kotwali P.S. Case No. 188 of 2016, 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.) Rajiv/- U T