Sukhari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13851 of 2018 Arising Out of PS.Case No. -104 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Sukhari Mahto, Son of- Late Btihan Mahto, Resident of Village- Aura, P.S.- Tayani, District- Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Earlier prayer for bail of the petitioner was dismissed twice vide order dated 13.02.2017 passed in Cr. Misc. No. 3795 of 2017 and vide order dated 12.04.2017 passed in Cr. Misc. No. 17910 of 2017 and in the order dated 13.02.2017, petitioner was given liberty that he may renew his prayer for bail after framing of charge.

Submission of learned counsel for the petitioner that he has been in judicial custody since 22.07.2016 and there is no substantial progress in trial.

Heard learned A.P.P. also.

Earlier a report was called for from the court below with regard to stage of trial, from which it appears that the case is still pending for hearing on cognizance awaiting sanction order. as such, considering the facts and circumstances of the case and period of custody of the petitioner, let the petitioner above named,

Patna High Court Cr.Misc. No.13851 of 2018 (3) dt.04-04-2018 2/2 be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge - cum - Special Judge, Muzaffarpur, in connection with Minapur P.S. Case No. 104 of 2015, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T