Sushil Tiwary @ Sushil Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40682 of 2019 Arising Out of PS. Case No.-7 Year-2003 Thana- MAHESI District- East Champaran ====================================================== SUSHIL TIWARY @ SUSHIL TIWARI S/o Ratnesh Tiwary R/o villageBara Mangru, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar, Adv For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 of the Indian Penal Code and 27 Arms Act.

Earlier prayer for bail to the petitioner was refused by order dated 18.01.2018 passed in Cr. Misc.No.58519 of 2017 with a direction to the learned Trial Judge to expedite and conclude the trial within nine months. The impugned order reveals that the prosecution witnesses are yet to be examined. Considering the fact that there is no chance of conclusion of trial in near future, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like

Patna High Court CR. MISC. No.40682 of 2019(2) dt.21-08-2019 2/2 amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No.737 of 2017 arising out of Mehsi P.S.Case No.07 of 2003, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T