Patna High CourtCR. MISC./7554/2018bail granted

Shashi Pathak v. The State Of Bihar

2018-04-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7554 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Shashi Pathak, Son of Surendra Pathak, Resident of Village- Ahiyapur, P.S. Sahebganj, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar Singh, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 30.04.2017, has renewed his prayer for bail in connection with Trial no. 2487 of 2017 arising out of Sahebganj P.S. Case No. 109 of 2017 having earlier been rejected by order dated 18.10.2017 in Criminal Miscellaneous No. 47784 of 2017.

3. It is submitted that the petitioner has been falsely implicated and in any event, the petitioner has already suffered almost one year in custody.

4. Having regard to the entirety of the facts and circumstances of the case as well as period of custody of the petitioner above named, let him be released on bail on furnishing on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Mr. Nayan Kumar, learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Trial no. 2487 of 2017 arising out of Sahebganj P.S. Case No. 109 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.7554 of 2018 (2) dt.04-04-2018 2/2 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T