Patna High CourtCR. MISC./26502/2017disposed

Sanjay Chouhan v. The State Of Bihar

2017-06-21Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26502 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -CHEWRA District- SEKHPURA ====================================================== Sanjay Chouhan Son of- Musafir Chouhan, Resident of Village- Barari Bigha, P.S.- Chewara, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-06-2017 Heard counsel for the petitioner. No one appears on behalf of the State.

This is repeat application seeking bail in connection with Chewara P.S. case no. 23 of 2016, registered under Sections 419, 420, 406, 467, 468 and 471 of the IPC. Earlier his prayer for bail was considered and rejected vide order dated 09.11.2016 (Annexure-1). He was, however, granted liberty to renew prayer for bail in the Court below if the trial does not record adequate progress within five months. From the order of the learned Sessions Judge, it appears that four prosecution witnesses have been examined in this case. Considering the materials available on record, this Court, while declining the prayer, dispose of the application by

Patna High Court Cr.Misc. No.26502 of 2017 (3) dt.21-06-2017 2/2 the following order:- Let the trial Court endeavour and examine remaining prosecution witnesses within 05 months from the date of receipt/production of a copy of this order, failing which the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Sheikhpura in connection with Chewara P.S. Case no. 23 of 2016, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) In the event of grant of bail the petitioner shall continue to appear before the Court below in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T