Mithilesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6882 of 2018 Arising Out of PS.Case No. -402 Year- 2015 Thana -BARBIGHA District- SEKHPURA ====================================================== Mithilesh Prasad, Son of Sadashiv Prasad @ Sadashiv Mahto, Resident of Village- Dih Nizamat, P.S.- Barbigha, District- Sheikhpura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Biresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 1.5.2017 passed in Cr.Misc.No. 17996 of 2017 with a direction to learned trial court to expedite and conclude the trial within a period of six months and if not concluded petitioner was given liberty to renew his prayer for bail. Submission of learned counsel for the petitioner is that period of six months has already expired and trial has not been concluded and only one witness has been examined. Further submission is that petitioner is ready to abide by any condition that may be imposed on him by this Court, if bail is granted to him. Heard learned APP also.

Having heard both sides and perused the report, from which it appears that trial will be concluded within a period of

Patna High Court Cr.Misc. No.6882 of 2018 (3) dt.07-03-2018 2/2 three months and considering the fact that petitioner is in custody since 20.11.2015, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Sheikhpura, in Sessions Case No. 27 of 2016, arising out of Barbigha (Keoti O.P.) P.S.Case No. 402 of 2015, subject to the conditions that (1) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and (2) petitioner shall co-operate in trial and appear before the court as and when required, except on genuine ground, failing which his bail bond shall be cancelled. (Vinod Kumar Sinha, J) spal/- U