Dilmani Chaubey @ Dilmani Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58743 of 2021 Arising Out of PS. Case No.-232 Year-2017 Thana- RAJPUR District- Buxar ====================================================== Dilmani Chaubey @ Dilmani Chaudhary S/o Srikant Chaubey R/o villageHethua, P.S.- Rajpur, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Rajpur P.S. Case No. 232 of 2017 corresponding to Sessions Trial No. 98 of 2020, registered for the offence punishable under Section 307, 323 and other allied sections of the Indian Penal Code. Earlier the bail application of petitioner was rejected vide order dated 12.03.2021 passed in Cr. Misc. No. 2876 of 2021. Petitioner has renewed his prayer for bail on the ground that subsequently charge has already been framed and petitioner is in custody since 16.03.2020, thus, has remained in custody for more than one and half year.
Considering the stage of trial and period of custody, the petitioner above-named, is directed to be enlarged on bail on
Patna High Court CR. MISC. No.58743 of 2021(2) dt.06-10-2021 2/2 furnishing 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 I, Buxar in connection with Rajpur P.S. Case No. 232 of 2017 corresponding to Sessions Trial No. 98 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T