Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15079 of 2016 Arising Out of PS.Case No. -171 Year- 2011 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Amarjeet Kumar son of Anand Bihari Malik, resident of VillageBhawanipur, P.S.- Singhwara, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar Singh For the Opposite Party/s : Mr. Md.Ansarul Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer of bail in connection with Sessions Trial No. 199 of 2015 arising out of Mithanpura P.S. Case No. 171 of 2011 pending in the court of learned XIIth Additional Sessions Judge, Muzaffarpur which was earlier rejected by order dated 04.02.2015 passed in Criminal misc. No. 43783 of 2014 in the light of observation made therein that the petitioner may renew his prayer for bail after completing one and half years of his judicial custody before the trail court and on refusal, in this Court. It is submitted that the petitioner is suffering in custody since 12.09.2014 and in the light of observation filed bail petition before learned court below which was rejected by order dated 16.03.2016 and then has come before this Court. It is also submitted that in near future, the trial is not

Patna High Court Cr.Misc. No.15079 of 2016 (3) dt.19-05-2016 2/2 likely to be completed and it is a case of suicide. The learned APP submits that on merit the prayer of bail of the petitioner has already been rejected but in the light of observation made therein, now lenient view can be taken. In the facts and circumstances stated above, considering the detention of the petitioner, the petitioner, above named, is now 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 XIIth Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 199 of 2015 arising out of Mithanpura P.S. Case No.

171 of 2011, 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.