Patna High CourtCR. MISC./19915/2018bail granted

Dhiraj Kumar Gupta @ Dhiraj Kumar v. The State Of Bihar

2018-05-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19915 of 2018 Arising Out of PS.Case No. -427 Year- 2016 Thana -SHASTRINAGAR District- PATNA ====================================================== Dhiraj Kumar Gupta @ Dhiraj Kumar, S/o Uday Kumar, Resident of Mohalla- Boring Canal Road, Panchmukhi Mandir Lane, Tenant in the house of Shiv Shankar Jee, P.S. Shri Krishnapuri, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate. For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and the State. Prayer for bail of this petitioner was earlier rejected by this Court vide order dated 10.05.2017 passed in Cr. Misc. 23037 of 2017 with liberty to renew his prayer for bail after nine months if no substantive progress is made in the case. Report was called for from the court below which has been received. From the report it appears that out of nine witnesses, only four have been examined in the case and the case is still pending for evidence of independent witnesses. Learned counsel for the petitioner has submitted that petitioner is in custody since 04.09.2016.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the

Patna High Court Cr.Misc. No.19915 of 2018 (3) dt.16-05-2018 2/2 petitioner above named, 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 District & Sessions Judge, 1st, Patna, in connection with Shastri Nagar P.S. Case No. 427 of 2016 (Special POCSO Case No. 128 of 2016), subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner will not try to delay the trial by intimidating or influencing the witnesses. The petitioner will remain present on each and every date of trial. The bail bond of petitioner will liable to be cancelled if he remain absent in two subsequent dates without valid reason in the court below. (Sanjay Priya, J) S.Ali/- U T