Patna High CourtCR. MISC./20265/2017bail granted

Birendra Kumar Sinha v. The State Of Bihar

2017-10-04Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.20265 of 2017 (5) dt.04-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20265 of 2017 Arising Out of PS.Case No. -133 Year- 2015 Thana -SAHAR District- BHOJPUR ======================================================

1. Birendra Kumar Sinha Son of Ram Chandra Sharma, Resident of VillageEkwari, P.S- Sahar, District- Bhojpur (Ara). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04.10.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner is in jail custody since 20.6.2016 and earlier his prayer for bail was rejected by this court at initial stage of the case but trial court's report goes to show that up till now, altogether seven prosecution witnesses including informant of the case have already been examined. However, learned counsel for the informant submits that only two prosecution witnesses including Investigating officer have been left to be examined. It appears from the aforesaid report as well as submissions that almost all material witnesses including

Patna High Court Cr.Misc. No.20265 of 2017 (5) dt.04-10-2017 informant have already been examined and there is no chance of tampering with the prosecution evidence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Sahar P.S. Case no. 133/2015 subject to the condition that the petitioner shall attend the trial court in person on each and every date for the period of six months or till conclusion of the trial and if he fails to appear before trial court on three consecutive dates without any reasonable cause, learned trial court shall be at liberty to cancel the bail bonds of the petitioner after due and proper enquiry.

shahid (Hemant Kumar Srivastava,J) U T