Manoj Singh @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25269 of 2016 Arising Out of PS.Case No. -53 Year- 1994 Thana -TEKARI District- GAYA ====================================================== Manoj Singh @ Manoj Kumar Son of Shri Jamuna Singh Resident of Village Ubhai, Police Station Paraiya, District Gaya, Bihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-07-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was rejected by this court vide order dated 15.12.2015 passed in Cr. Misc. No. 56509 of 2015 taking his previous conduct but submission on behalf of the petitioner is that petitioner is in jail custody since 16.09.2015 and charge against the petitioner was framed on 09.10.2015 but up till now, not a single prosecution witness could be examined.

The first information report reflects that petitioner was only a member of unlawful assembly. No doubt, petitioner

Patna High Court Cr.Misc. No.25269 of 2016 (5) dt.27-07-2016 2/2 committed long misuse of privilege of bail but for the aforesaid act, petitioner has already been punished by remaining in jail custody for more than ten months.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ad hoc Additional Sessions Judge-II, Gaya in connection with Sessions Trial No. 33 of 2012 arising out of Tekari P.S. Case No. 53 of 1994, subject to condition that one of the sureties must be father of the petitioner and furthermore, petitioner shall attend the trial court on each and every date in person for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on three consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after due and proper enquiry. (Hemant Kumar Srivastava, J) SHAHZAD/- U T