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Patna High CourtCR. MISC./52003/2016bail granted

Ranjan Prasad v. The State Of Bihar

2016-12-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52003 of 2016 Arising Out of PS.Case No. -72 Year- 2014 Thana -SAHPUR District- PATNA ====================================================== Ranjan Prasad, son of Late Bhagwan Prasad, resident of Village- Usari Khurda, Kothiya, Police Station- Shahpur, District- Patna. at present residing at Village- Chhitnawa, Police Station- Maner, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party : Mr. Smt. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2016 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 twice vide order dated 12.08.2015 and 09.05.2016 passed in Cr. Misc. No. 50940 of 2014 and Cr. Misc. No. 13023 of 2016 respectively, on the ground that the petitioner is suffering in custody since 19.04.2014 and in near future the trial is not likely to be concluded, as up till now only one prosecution witness has been examined in spite of the direction of this Court to conclude the trial preferably within six months, the petitioner was given liberty to renew his prayer for bail. The recovery of some pieces of blood stained bamboo from the house of the petitioner is

Patna High Court Cr.Misc. No.52003 of 2016 (2) dt.07-12-2016 2/2 not sufficient enough to connect his complicity in the crime. The learned A.P.P. submits that some pieces of blood stained bamboo were recovered from the house of the petitioner. In the facts and circumstances stated above, considering the period of detention and further that there is no chance of tampering with the prosecution evidence and, as such, 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 A.D.J., VI, Danapur, Patna, in connection with S. Tr. No. 862 of 2014, arising out of Shahpur P.S. Case No. 72 of 2014, 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