Chotelal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21221 of 2016 Arising Out of PS.Case No. -169 Year- 2014 Thana -PARSABAZAR District- PATNA ====================================================== Chotelal Manjhi Son of late Ram Briksh Manjhi Resident of Village: Sakraicha, Police Station : Parsa Bazar, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2016 The petitioner wants to renew his prayer of bail in connection with Sessions Trial No. 133 of 2015 arising out of Parsa Bazar P. S. Case No. 169 of 2014 pending in the Court of learned Additional District & Sessions Judge-VII, Patna which was earlier rejected by order dated 09.10.2015 passed in Criminal Misc. No. 26356 of 2015 on the ground that the petitioner is in custody since 20.09.2014 and within the stipulated period, the trial has not been concluded which is evident from the impugned order dated 06.04.2016. In spite of the effort made by the learned trial court, no prosecution witness has turned up and in near future, the trial is not likely to be concluded. The learned APP opposes the payer of bail by submitting that the petitioner is the husband.

Patna High Court Cr.Misc. No.21221 of 2016 (2) dt.18-05-2016 2/2 In the facts and circumstances stated above, considering the period of detention and further in near future, the trial is not likely to be concluded and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VII, Patna in connection with Sessions Trial No. 133 of 2015 arising out of Parsa Bazar P. S. Case No. 169 of 2014, 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) Mishra/- U T