Munna Kumar Pandey @ Munna Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.6838 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6838 of 2017 Arising Out of PS.Case No. -281 Year- 2014 Thana -HUSAINGANJ District- SIWAN ====================================================== Munna Kumar Pandey @ Munna Pandey Son of Paras Nath Pandey, Resident of Village- Bhanta Pokhar, Police Station- Siwan Mufassil, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected vide order dated 15.10.2015 and 31.08.2016 passed in Cr. Misc. No. 28207 of 2015 and 34753 of 2016 respectively, on the ground that the petitioner is in custody since 29.10.2014 having no criminal antecedent, the recovered amount was of the petitioner but he has been made victim of circumstances, the trial has not been concluded within nine months as directed by this Court and in near future the trial is not likely to be concluded to which the learned APP opposes by submitting that the petitioner was caught red handed with the part of robbed amount.

In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.6838 of 2017 (2) dt.22-02-2017 that the trial has not been concluded within the time given by this Court and there is no chance of tampering with prosecution evidence and further considering the period of detention, the petitioner above named 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 each to the satisfaction of the learned Additional Sessions Judge II, Siwan in S. Tr. No. 452 of 2016/ 175 of 2016 arising out of Hussainganj P.S. Case No. 281 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) avin/- U T