Patna High CourtCR. MISC./20762/2017bail granted

Saroj Kumar Thakur v. The State Of Bihar

2017-07-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.20762 of 2017 (2) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20762 of 2017 Arising Out of PS.Case No. -209 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Saroj Kumar Thakur Son of Satyanarayan Thakur, Resident of VillageRohua Virnarayan Taraura, P.S.- Mushahari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.07.2017 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court vide order dated 22.11.2016 passed in Cr. Misc. no 38518/2016 on the ground that the petitioner was identified by the victim as well as his mother in test identification parade but submission on behalf of the petitioner is that in course of trial, victim was examined as PW 7 but he refused to identify the petitioner in dock and similarly, mother of the victim was examined as PW 6 but she also refused to identify the petitioner as kidnapper of her son.

Considering the aforesaid facts and circumstances as well as this aspect of the matter that the petitioner is in jail custody since long without having any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of

Patna High Court Cr.Misc. No.20762 of 2017 (2) dt.05-07-2017 the like amount each to the satisfaction of the Addl. Sessions Judge III, Muzaffarpur in Sessions trial no. 326/2016 arising out of Mushahari P.S. Case no. 209/2015.

shahid (Hemant Kumar Srivastava,J) U T