Chhotu Kumar Singh @ Sujit Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39933 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -PURNEA SADAR District- PURNIA ====================================================== Chhotu Kumar Singh @ Sujit Kr. Singh, son of Diwakar Singh, Resident of Village-Sardar Tola Aina Mahal Gulabbagh, Police Station-Sadar, DistrictPurnia .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vikram Singh, Advocate For the Opposite Party : Mr. Binay Krishna (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-09-2016 Supplementary affidavit has been filed on behalf of the petitioner, let it be kept on record.
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 19.02.2016 passed in Cr. Misc. 57953 of 2015, on the ground that the informant has been examined as P..W.2 in Special Case No. 34 of 2015 wherein she has not identified the petitioner and there is nothing against the petitioner, she has not supported the prosecution version and, as such, in the change circumstances the petitioner deserves sympathetic consideration.
The learned A.P.P. submits that during trial the
Patna High Court Cr.Misc. No.39933 of 2016 (2) dt.28-09-2016 2/2 informant has not supported the prosecution version. In the facts and circumstances stated above, in the change circumstances, now 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 1st Additional Sessions Judge, Purnea, arising out of Sadar P.S. Case No. 259 of 2015 (Spl. Case No. 34 of 2015), 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