Bipin Kumar @ Ashutosh Kumar @ Ashutosh @ Ashutosh Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55133 of 2017 Arising Out of PS. Case No.-2 Year-2015 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Bipin Kumar @ Ashutosh Kumar @ Ashutosh @ Ashutosh Jha, Son of Late Kameshwar Singh, Resident of Village- Gawai, Police Station Sheikhpura, District- Sheikhpura.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Officer's of Economics Offences Police Station, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. MD. SUFIYAN ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 16.02.2016, 16.11.2016 and 02.11.2017 passed in Cr. Misc. No. 38866 of 2015, 44291 of 2016 and 47836 of 2017 respectively, on the ground that the trial has not been concluded within the time given by this Court and the petitioner is in custody since 28.02.2015, seizure list witnesses are not of the locality, during investigation also no legal and tangible material has come and other co-accused have been allowed bail and as such the petitioner also deserves sympathetic consideration.

Patna High Court Cr.Misc. No.55133 of 2017(2) dt.15-11-2017 2/2 Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of custody, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna in connection with Economics Offences P.S. Case No. 02 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T