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Patna High CourtCR. MISC./47630/2016bail granted

Ramjee Singh v. The State Of Bihar

2016-11-09Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47630 of 2016 Arising Out of PS.Case No. -111 Year- 2014 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Ramjee Singh Son of Bharat Singh, Resident of Village- Kritpura, P.S. Buxar (M), District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier twice rejected by orders dated 05.11.2015 and 09.03.2016 passed in Cr. Misc. Nos. 32241 of 2015 and 7525 of 2016 respectively on the ground that the petitioner is suffering in custody since 19.08.2014 and in near future the trial is not likely to be concluded. The prosecution has filed a petition under section 319 of the Cr.P.C and on that petition hearing is pending. Up till now only four prosecution witnesses have been examined and there is no chance of tampering with the prosecution evidence and as such the petitioner deserves sympathetic consideration. The trial has not been concluded within six months as per direction given by this Court by order dated 09.03.2016 and the petitioner was

Patna High Court Cr.Misc. No.47630 of 2016 (2) dt.09-11-2016 2/2 given liberty to renew his prayer for bail.

The learned A.P.P. fairly submits that the trial has not been concluded within the said period.

In the facts and circumstances as stated above, now the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri U.K. Upadhyay, Additional Sessions Judge, VI, Buxar in Sessions Trial No. 363 of 2014 arising out of Buxar (M) P.S. Case No. 111 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) Abhay/- U T