Nandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45249 of 2017 Arising Out of PS. Case No.-256 Year-2015 Thana- MAJORGANJ District- Sitamarhi ====================================================== Nandan Kumar Singh Son of Kapildeo Resident of Village-Kuwari Madan, P.S.-Majorganj, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Kumar Lal For the Opposite Party/s :

Mr. SRI BRAJENDRA NATH PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 09.05.2016 passed in Cr. Misc. No. 7137 of 2016 which was disposed of with Cr. Misc. No. 7325 of 2016 and 15143 of 2016, on the ground that the petitioner is suffering in custody since 26.10.2015, the petitioner has got no criminal antecedent, other co-accused namely, Subhash Mahto has been allowed bail vide Cr. Misc. No. 34195 of 2017 and Moti Lal Mahto has been allowed bail vide Cr. Misc. No. 21373 of 2017 whereas other co-accused namely, Arbind Singh and Anjani Singh have been allowed bail and as such the petitioner deserves sympathetic consideration and the

Patna High Court Cr.Misc. No.45249 of 2017(2) dt.20-09-2017 2/2 trial has not been concluded within the time given in Cr. Misc. No. 8262 of 2016.

The learned APP fairly submits that other co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner above named 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 each to the satisfaction of learned F.T.C. 2, Sitamarhi in S. Tr. No. 243 of 2016 arising out of Mejarganj P. S. Case No. 256 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) avin/- U T