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Patna High CourtCR. MISC./25651/2017bail granted

Suresh Sah @ Suresh Shah @ Suresh Sao @ Suresh Lal v. The State Of Bihar

2017-07-12Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.25651 of 2017 (4) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25651 of 2017 Arising Out of PS.Case No. -38 Year- 2001 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Suresh Sah @ Suresh Shah @ Suresh Sao @ Suresh Lal, son of Ramdeo Lal, resident of Village- Dayal Chhapra, P.S.- Charpokhari, DistrictBhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected twice vide order dated 30.03.2016 and 26.10.2016 passed in Cr. Misc. No. 58542 of 2015 and 46960 of 2016 respectively, on the ground that the petitioner by remaining in custody since 24.09.2015 has sufficiently been penalized, one co-accused Swikriti Ram @ Gopal Ram faced trial and has already been acquitted. Direction was given to the court below to conclude the trial within six months, failing which, the petitioner was given liberty to renew his prayer of bail but the trial has not been concluded and only one prosecution witness has been examined who has turned hostile.

Patna High Court Cr.Misc. No.25651 of 2017 (4) dt.12-07-2017 Learned APP submits that the petitioner remained absconding since long.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge, Ara in S. Tr. No. 154 of 2016 arising out of Charpokhari P.S. Case No. 38 of 2001, 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) avin/- U T