Dharmendra Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40025 of 2019 Arising Out of PS. Case No.-232 Year-2015 Thana- LAXMIPUR District- Jamui ====================================================== DHARMENDRA KORA, Son of Mahesh Kora, Resident of VillageChaukiya, P.S.-Lakshmipur, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Laxmipur P.S. Case No.232 of 2015 instituted for the offence under Section(s) 120-B Indian Penal Code, Section 3⁄4 of Explosives Substance Act, and Sections 16, 17, 18, 19, 20, 21, 22 of the Unlawful Activities (Prevention) Act.

Prayer of the petitioner for bail was earlier rejected by co-ordinate Bench of this Court.

Counsel for the petitioner submits that Petitioner is in custody since 21.12.2015.

Counsel for the petitioner further submits that there is no signature of the petitioner on seizure list. In the seizure list, it is mentioned that jiletin like substance wrapped in plastic bag have been recovered.

Patna High Court CR. MISC. No.40025 of 2019(3) dt.29-08-2019 2/2 Report with regard to present stage of the case has been received from which it appears that two witnesses have been examined in the case out of nine witnesses. It is mentioned in the impugned order that last witness was examined on 20.11.2017 and thereafter no witness has been examined. Keeping in view the period of custody and the fact that there is no chance of conclusion of trial within short period, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Jamui, in connection with Laxmipur P.S. Case No.232 of 2015, subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T