Shankar Sao @ Shankar Kanu @ Shankar Kandu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46918 of 2018 Arising Out of PS.Case No. -172 Year- 2016 Thana -DELHA District- GAYA ======================================================

1. Shankar Sao @ Shankar Kanu @ Shankar Kandu S/o Suresh Sao Resident of Bam Bam Baba Pahari Sanjay Nagar, P.S. Delha, DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 09.05.2017 passed in Cr. Misc. No. 20425 of 2017 in connection with Delha P.S. Case No. 172 of 2016 for the alleged offence under Section 399/402 of the Indian Penal Code and the allegation against the petitioner is of recovery of country made pistol and two cartridges.

Submission of learned counsel for the petitioner that he has been in judicial custody for last two years and only charge has been framed uptil now and there is no likelihood of conclusion of trial in near future and he is ready to abide by any condition imposed on him for grant of bail.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as

Patna High Court Cr.Misc. No.46918 of 2018 (3) dt.19-09-2018 2/2 well as in view of the period of custody of the petitioner, let the 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 A.D.J - IVth, Gaya, in connection with Delha P.S. Case No. 172 of 2016, 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