Prakash Kushwaha @ Prakash Kumar @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51090 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -DHANGAI District- BHOJPUR ======================================================

1. Prakash Kushwaha @ Prakash Kumar @ Pappu Son of Late Nand Kishore Singh @ Late Nand Kishore Kushwaha Village - Masahtola Trimurti Deoghar Julmi Tola, P.S. - Jagdishpur, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 04.05.2016 passed in Criminal Misc. No. 12131 of 2016, on the ground that the petitioner is suffering in custody since 21.01.2016, the amount recovered of Rs. 1,000/- does not tally with the looted amount. He has got no criminal antecedent. The amount recovered is own amount of the petitioner which he has withdrawn from his account on the same day, the trial has not been concluded within the stipulated period and the petitioner was given liberty to renew his prayer for bail.

Patna High Court Cr.Misc. No.51090 of 2016 (2) dt.06-12-0201 2/2 The learned A.P.P. fairly submits that the trial has not been concluded within the stipulated period.

In the facts and circumstances stated above, considering detention of the petitioner and further that the trial has not been concluded within the stipulated period and as such 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 the like amount to the satisfaction of S.K. Srivastava, Judicial Magistrate 1st Class, Bhojpur, Ara in connection with Dhangai P.S. Case No. 06 of 2016 subject to the conditions that one of the bailors must be 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) siddharth/- U T