Praveen Kumar Sah @ Praveen Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44083 of 2018 Arising Out of PS.Case No. -43 Year- 2015 Thana -CHANDAN District- BANKA ======================================================

1. PRAVEEN KUMAR SAH @ PRAVEEN SAH S/o Mahendra Prasad Sah @ Mahendra Sah, R/o Vill.- Kusumjori, P.S.- Chandan (Anandpur O.P.), District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Din Bandhu Singh For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 11.09.2017 passed in Cr. Misc. No. 41820 of 2017 in connection with Chandan (Anandpur O.P.) P.S. Case No. 43 of 2015 for the alleged offences under Sections 147, 324, 325, 307, 304, 504 and 506 of the IPC and Section 3,4 and 5 of Explosive Substance Act and the allegation against the petitioner is of throwing bomb on the informant causing injuries to him and others and he is accused in seven other cases as well. Submission of learned counsel for the petitioner that he has been in judicial custody since one and half years and there is no substantial progress in trial, as uptil now even the case has not been committed .

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the period of custody of the petitioner, let the

Patna High Court Cr.Misc. No.44083 of 2018 (4) dt.29-08-2018 2/2 petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Chandan (Anandpur O.P.) P.S. Case No. 43 of 2015, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T