Shashi Bhushan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35333 of 2016 Arising Out of PS.Case No. -99 Year- 2011 Thana -EKMA District- SARAN ====================================================== Shashi Bhushan Patel, S/o Lakshman Patel, R/o Village Parsa Garh, P.S Ekma Dist Saran , Bihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Avanish Kumar Singh, Advocate For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and learned counsel for representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected by order dated 02.12.2015 passed in Cr. Misc. No. 36593 of 2015, on the ground that trial has not been concluded within six months and in near future it is not likely to be concluded. Laxman Patel one of co-accused against whom there is allegation that he pierced knife in the chest of the deceased, has been allowed bail vide Cr. Misc. No. 50558 of 2014. The petitioner is suffering in custody since 16.08.2011 without any progress in trial.

Learned A.P.P. fairly submits that co-accused Laxman Patel, who is also one of the assailants has already been

Patna High Court Cr.Misc. No.35333 of 2016 (2) dt.07-09-2016 2/2 allowed bail by another co-ordinate Bench of this Court. In the facts and circumstances stated above, the 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 Additional Sessions Judge Xth, Saran at Chapra, arising out of Ekma P.S. Case No. 99 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. (Jitendra Mohan Sharma, J.) Rajiv/- U T