Patna High CourtCR. MISC./42744/2016bail granted

Karan Sah v. The State Of Bihar

2016-10-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42744 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -GOBARHIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Karan Sah son of Sri Uma Sah Resident of Village- Naurangia Done, P.S.- Gobarahiya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-10-2016 The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 29.03.2016 and 29.06.2016 passed in Criminal Misc. No. 3960 of 2016 and 25808 of 2016 respectively, on the ground that the victim/informant has already been examined during trial and the petitioner was directed to renew his prayer for bail after examination of the informant. The informant during cross examination has not even identified the petitioner and further similarly co-accused Pappu Sah has been allowed bail vide order dated 31.3.2016 passed in Criminal Misc. No. 12251 of 2016 by another co-ordinate Bench of this court. Learned A.P.P. fairly submits that the informant during trial has not supported the prosecution case during cross

Patna High Court Cr.Misc. No.42744 of 2016 (2) dt.05-10-2016 2/2 examination and further similarly situated co-accused has been allowed bail.

In the facts and circumstances stated above, the petitioner 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 to the satisfaction of the Learned 1st Additional Sessions Judge-cum Special Judge, Bettiah, West Champaran in Session Trial No. 132 of 2016 arising out of Gobarahiya P.S. Case No. 11 of 2015, subject to the conditions that one of the bailors must be 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) siddharth/- U T