Patna High CourtCR. MISC./53933/2021bail granted

Chhotu Kumar Thakur v. The State Of Bihar

2021-10-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53933 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== CHHOTU KUMAR THAKUR SON OF LATE CHANDRA SHEKHAR THAKUR R/O VILLAGE- SAHEB TOLA BIHIYA, P.O. AND P.S.- BIHIYA, DISTIRCT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code and u/s 27 of Arms Act.

Prayer for bail of this petitioner was earlier rejected by this court vide order dated 11.01.2021 passed in Cr. Misc. No. 30015/2020. Through this petition the petitioner has renewed his prayer for bail on the ground that petitioner is in custody since 06.03.2020 and he has remained in jail for more than one year and six months. It is submitted that the case has been committed to the court of Sessions on 26.02.2021, charge has been framed on 08.06.2021 and summons issued to the witnesses but up till now no witness from the side of

Patna High Court CR. MISC. No.53933 of 2021(2) dt.06-10-2021 2/2 prosecution has turned up for his examination Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge-VII, Bhojpur, Ara in connection with Bihiya PS case No. 30/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T