Patna High CourtCR. MISC./2503/2017bail granted

Pappu Mahto v. The State Of Bihar

2017-02-08Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2503 of 2017 Arising Out of PS.Case No. -135 Year- 2007 Thana -PANDARAK District- PATNA ======================================================

1. Pappu Mahto, Son of Wakil Mahto, Resident of Village- Chakki Gopalpur, P.S. Bachhwara, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 23.09.2016 passed in Cr. Misc. 37963 of 2016, on the ground that the petitioner was given liberty to renew his prayer for bail after examination of at least two prosecution witnesses and now two prosecution witnesses have already been examined, they have not supported the prosecution case and have turned hostile. The petitioner by remaining in custody since 30.01.2016 now has sufficiently been penalized.

The learned A.P.P. fairly submits that now two prosecution witnesses have been examined.

Patna High Court Cr.Misc. No.2503 of 2017 (2) dt.08-02-2017 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 Additional Sessions Judge-II, Barh, Patna, in connection with Sessions Trial No. 649A of 2009, arising out of Pandarak P.S. Case No. 135 of 2007, 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