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Patna High CourtCR. MISC./54797/2017bail granted

Sandip Kumar Jha v. The State Of Bihar

2017-11-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54797 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Sandip Kumar Jha son of Ajay Jha @ Ajay Kumar Jha resident of Village- Balara Kishun P.S. Maniyari District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Maniyari P.S.Case No.09 of 2017 registered for offences punishable under Sections 399, 402, 414 and120(B) of the Indian Penal Code and Section 25(1-B)A, 26(ii)35 of the Arms Act and Section 20/22 of N.D.P.S. Act.

Earlier the prayer for bail of the petitioner was rejected with direction to the learned trial court to conclude the trial within a period of four months.

Submission of the learned counsel for the petitioner is that the period of four months has already expired and there is no progress in the trial and the petitioner is in custody for 11 months and he is ready to abide by any condition imposed upon him.

Patna High Court Cr.Misc. No.54797 of 2017 (2) dt.15-11-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Maniyari P.S.Case No.09 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T