Patna High CourtCR. MISC./172/2017bail granted

Malik Ram v. The State Of Bihar

2017-01-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.172 of 2017 Arising Out of PS.Case No. -157 Year- 2003 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Malik Ram, S/o Late Balchand Ram, R/o Village- Chilhar , P.S.- Itarhi , District -Buxar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Jai Prakash Singh, Advocate For the Opposite Party : Mr. Shailendra Kumar -1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2017 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 22.04.2016 passed in Cr. Misc. 8922 of 2016, on the ground that the petitioner is suffering in custody since 05.07.2015 for misuse of privilege of bail. As per direction of this Court, the trial has not been concluded within six months and the petitioner was given liberty to renew his prayer for bail if at no fault and without any fault the petitioner is in custody.

The learned A.P.P. submits that bail bond of the petitioner was canceled on 03.07.2006 at the stage of evidence and thereafter he has been arrested on 05.07.2015.

Patna High Court Cr.Misc. No.172 of 2017 (2) dt.25-01-2017 2/2 In the facts and circumstances stated above, considering the period of detention of the petitioner, he 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 Additional Sessions Judge VIII, Rohtas at Sasaram, in connection with Sessions Trial No. 187 of 2005 (arising out of Dinara P.S. Case No. 157 of 2003), 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