Munna Sao @ Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31862 of 2018 Arising Out of PS. Case No.-592 Year-2014 Thana- ARA NAWADA District- Bhojpur ====================================================== Munna Sao @ Munna Sah, Son of Naresh Sao, resident of Village- Bundel Khand, P.S.- Bundel Khand, District- Nawadah. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr. Indiwar Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-06-2018 Supplementary affidavit has been filed on behalf of petitioner, let it be kept on record.

Heard learned senior counsel for the petitioner and learned APP for the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide orders dated 01.04.2016, 14.09.2016, 26.07.2017 and 10.01.2018 passed in Cr. Misc. 5870 of 2016, Cr. Misc. No. 37240 of 2016, Cr. Misc. No. 21871 of 2017 and Cr. Misc. No. 77 of 2018 respectively, on the ground that the petitioner is suffering in custody since 08.01.2015, other co-accused have been allowed bail, trial has not been concluded within the time given by this Court, on the letter of the learned trial judge by order dated 25.04.2018, two

Patna High Court Cr.Misc. No.31862 of 2018(3) dt.27-06-2018 2/2 months time was granted to the learned trial judge but the trial has not been concluded, on 18.06.2018 P.W.- 12 has been partly examined whereas in the charge sheet there are 25 witnesses and, as such, in near future the trial is not likely to be concluded. The learned A.P.P. fairly submits that in spite of several directions given by this Court the trial has not been concluded.

In the facts and circumstances stated above, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 592 of 2014 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.

(Jitendra Mohan Sharma, J.) Rajiv/- U T