Awadhesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21400 of 2018 Arising Out of PS.Case No. -182 Year- 2008 Thana -KADWA District- KATIHAR ====================================================== Awadhesh Sah S/o Late Madan Sah, Resident of Village-Chapahari, P.S.- Rupauli, District-Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Earlier prayer for bail of the petitioner was last rejected by this Court vide order dated 18.9.2017 passed in Cr.Misc.No. 39479 of 2017 and allegation against the petitioner was that he was seen fleeing along with one co-accused after the occurrence. Submission of learned counsel for the petitioner is that petitioner is in custody since 11.3.2017 and in spite of direction of this Court to conclude the trial within a period of nine months, not a single witness has been examined as yet.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.21400 of 2018 (3) dt.09-05-2018 2/2 satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Katihar, in connection with Sessions Trial No. 102 of 2017, arising out of Kadwa P.S. Case No. 182 of 2008, subject to the conditions that one of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of court concerned and further petitioner has to co-operate in trial and appear before the court below as and when required, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U