Patna High CourtCR. MISC./36809/2016bail granted

Shiv Shankar Sah And ANR v. The State Of Bihar

2016-09-14Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36809 of 2016 Arising out of P.S. Case No. - 111 Year - 2015 Thana - VIDYAPATINAGAR District - SAMASTIPUR ======================================================

1. Shiv Shankar Sah, Son of Balkeshwar Sah

2. Balkeshwar Sah, Son of Late Dichand Sah, Both are resident of Village - Harpur Bochhaha, P.S. - Vidyapatinagar, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioners : Mr. Ravi Ranjan, Advocate For the Opposite Party : Mr. Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners want to renew their prayer for bail which was earlier rejected by order dated 26.02.2016 passed in Cr. Misc. No. 57742 of 2015 on the ground that the petitioners are in custody since 02.08.2015 and in near future the trial is not likely to be concluded. The petitioners were granted liberty to renew their prayer for bail after remaining one year in judicial custody and by remaining in the custody for more than one year, they have sufficiently been penalized.

The learned A.P.P. fairly submits that the petitioners were granted liberty to renew their prayer for bail after remaining one year in judicial custody.

Patna High Court Cr.Misc. No.36809 of 2016 (2) dt.14-09-2016 2/2 In the facts and circumstances stated above and considering the custody of the petitioners, now they are directed to be released on bail on execution of bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Samastipur in connection with Sessions Trail No. 313 of 2016 arising out of Vidyapatinagar P.S. Case No. 111 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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their parts without any reason shall disentitle the petitioners from privilege of bail.

Kundan (Jitendra Mohan Sharma, J.) U T