Patna High CourtCR. MISC./9887/2017bail granted

Dhanusdhar Singh v. The State Of Bihar

2017-04-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9887 of 2017 Arising Out of PS.Case No. -39 Year- 2015 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ======================================================

1. Dhanusdhar Singh, Son of Late Ram Ekabal Singh, resident of village - Jasparha, P.S. Tisiauta, District - Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Singh, Advocate For the Opposite Party : Mr. Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 01.02.2016 and 07.09.2016 passed in Cr. Misc. 49245 of 2015 and Cr. Misc. 36004 of 2016 respectively, on the ground that the petitioner is suffering in custody since 30.05.2015 and in near future the trial is not likely to be concluded as only four prosecution witnesses have been examined out of six chargesheeted witnesses. The learned A.P.P. opposes the prayer of bail by submitting that trial is not likely to be concluded. In presence of informant the occurrence was caused.

In the facts and circumstances as stated above,

Patna High Court Cr.Misc. No.9887 of 2017 (3) dt.19-04-2017 2/2 considering that in near future the trial is not likely to be concluded, there is no specific allegation against the petitioner, the allegation is omnibus and general in nature and, as such, 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-V, Vaishali at Hajipur, in connection with Tisiauta P.S. Case No. 39 of 2015 (S.T. No. 441 of 2015), 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