Patna High CourtCR. MISC./13043/2017bail granted

Anil Kumar v. The State Of Bihar

2017-03-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 13043 of 2017 Arising Out of PS.Case No. -180 Year- 2016 Thana -MALSALAMI District- PATNA ====================================================== Anil Kumar, Son of Bishun Dev Rai, Resident of Didarganj, Chekpost under over Bridge, P.S. Didarganj, District-Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. S.K.Lal Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-03-2017 Heard Sri S.K.Lal, learned counsel assisted by Sri Pramod Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The petitioner has renewed his prayer for bail in Special Case No. 38 of 2016, arising out of Malsalami P.S. Case No. 180 of 2016, in view of observation given by this Court on 06-12-2016 in Cr. Misc. No. 41742 of 2016. While rejecting earlier prayer for bail of petitioner, in view of nature of accusation i.e. allegation of recovery of two cartridges and one kilogram Ganja, which was much below the smaller quantity, this Court had observed that the petitioner can renew his prayer for bail after completion of eight months in the judicial custody. It was submitted by learned counsel for the

Patna High Court Cr.Misc. No.13043 of 2017 (2) dt.29-03-2017 2/2 petitioner that petitioner is in custody since the month of July, 2016 and he has spent more than eight months in custody. Considering the fact that earlier, while rejecting the prayer for bail, this Court had already granted liberty to the petitioner to renew his prayer for bail after completion of eight months in the custody, there is no reason to deny the prayer for bail.

Let the petitioner namely Anil Kumar be enlarged 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 - II, Patna in connection with Special Case No. 38 of 2016, arising out of Malsalami P.S. Case No. 180 of 2016.

(Rakesh Kumar, J.) Anay U T