Patna High CourtCR. MISC./48558/2016bail granted

Oshiyar Sahani v. The State Of Bihar

2016-11-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48558 of 2016 Arising Out of PS.Case No. -284 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Oshiyar Sahani, son of Late Chandrama Sahni, resident of villageKalyanpur Madhubani, P.S. Sidhwalia, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anang Mohan Sinha, Advocate For the Opposite Party : Mr. Sri Sanjay Kumar Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected by order dated 05.04.2016 passed in Cr. Misc. 3455 of 2016, on the ground that the petitioner is suffering in custody since 30.09.2015, he has not been put on T.I.P., the alleged Bolero was not recovered from the conscious possession of the petitioner rather it was recovered from in front of the house of the petitioner, other co-accused have been allowed bail, the trial has not been concluded within six months as per order dated 05.04.2016 and up till now only one witness has been examined. The learned APP fairly submits that the trial has not been concluded as yet.

Patna High Court Cr.Misc. No.48558 of 2016 (2) dt.16-11-2016 2/2 In the facts and circumstances stated above, now 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 9th A.D.J., East Champaran at Motihari, arising out of S.Tr. No. 420 of 2016/ S.Tr. No. 12 of 2016, in connection with Motihari Town P.S. Case No. 284 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