Patna High CourtCR. MISC./19391/2017bail granted

Raju Mandal v. The State Of Bihar

2017-05-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19391 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Raju Mandal Son of Ritlal Mandal, Resident of village - Sonudih, P.S. Jagdishpur ( Goradih ), District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Kumar Sinha For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer for bail which was earlier rejected by order dated 15.07.2016 passed in Cr. Misc. No. 21528 of 2016 on the ground that the petitioner is suffering in custody since 27.01.2016, there is no eye witness of the occurrence, the trial has not been concluded within nine months as ordered by this Court, other co-accused has been allowed bail and as such the petitioner also deserves sympathetic consideration as there is general and omnibus allegation.

The learned A.P.P. fairly submits that co-accused Jai Chand Mandal and Kailash Mandal have been allowed bail by another co-ordinate Benches of this Court.

Patna High Court Cr.Misc. No.19391 of 2017 (2) dt.10-05-2017 2/2 In the facts and circumstances stated above, 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 learned A.D.J., 5th, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No. 4 of 2016 (G.R. No. 88 of 2016), S.T. Case No. 315 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) BTiwary/- U T