Mantu Sharma @ Nagendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10719 of 2017 Arising Out of PS.Case No. -149 Year- 2015 Thana -DHANARUA District- PATNA ======================================================

1. Mantu Sharma @ Nagendra Sharma Son of Sri Saryug Singh, Resident of Village- Badiha, P.S.- Dhanarua, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar No-1, Advocate For the Opposite Party : Mr. Kanhaiya Kishore (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected vide order dated 05.01.2016 and 11.05.2016 passed in Cr. Misc. 43515 of 2015 and Cr. Misc. 20251 of 2016 respectively, on the ground that the petitioner has got no criminal antecedent, he is suffering in custody since 08.06.2015. The alleged tempo was not recovered from conscious possession of the petitioner or from his house. The case has not been committed as yet and, as such, in near future the trial is not likely to be concluded.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner has kept the said tempo and the

Patna High Court Cr.Misc. No.10719 of 2017 (3) dt.19-04-2017 2/2 tempo was recovered.

In the facts and circumstances as stated above, considering the report of the learned Magistrate that the case has not been committed as yet and in near future the trial is not likely to be concluded and, as such, the 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 Ranjay Kumar, learned Judicial Magistrate-1st Class, Masaurhi, in connection with Dhanaruya P.S. Case No. 149 of 2015, 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