Saurabh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.14285 of 2017 (2) dt.19-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14285 of 2017 Arising Out of PS.Case No. -434 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Saurabh Kumar Son of Kaushal Kishore Singh, resident of village - Sonapur Dih, P.S. Naya Tola, Distt. - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Session Trial No. 370 of 2016 arising out of Begusarai Town P.S. Case No. 434 of 2015 registered for the offences punishable under Sections 302, 201 and 364/34of the IPC.

The petitioner wants to renew his prayer for bail which was earlier rejected vide order dated 08.04.2016 passed in Criminal Miscellaneous No. 6169 of 2016 on the ground that the petitioner is suffering in custody since 25.08.2015, there is no direct evidence against the petitioner and now the stage of the case has been changed. Two prosecution witnesses have already been examined but in near future the trial is not likely to be concluded

Patna High Court Cr.Misc. No.14285 of 2017 (2) dt.19-04-2017 and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. submits that the petitioner and others after leaving the Bolero vehicle, were trying to flee away by travelling on the roof of a Bus.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Begusarai in connection with Begusarai Town P.S. Case No. 434 of 2015 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 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) sushma/- U T