Vishnu Shankar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.8465 of 2017 (3) dt.01-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8465 of 2017 Arising Out of PS.Case No. -236 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Vishnu Shankar Singh, Son of Ramadhar Singh, Resident of VillageEkauan, P.S. Udwant Nagar, District Bhojpur..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2017 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 29.04.2016 passed in Cr. Misc. No. 11325 of 2016, on the ground that the petitioner is in custody since 23.12.2015, there is vital contradiction in the further statement from first information report, as per further statement of the informant, the petitioner is not the assailant, other co-accused Ranjan Kumar Singh and others have been allowed bail and as such the petitioner also deserves sympathetic consideration to which learned APP opposes by submitting that as per the fardbeyan, which is the first version, the petitioner is the assailant and he has assaulted the deceased with Garansa. In the facts and circumstances stated above, considering that within the time given the trial has not been concluded and it is

Patna High Court Cr.Misc. No.8465 of 2017 (3) dt.01-03-2017 submitted that up-till-now charges have not been framed and in near future the trial is not likely to be concluded and the petitioner was given liberty to renew his prayer of bail, 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 3rd Additional Sessions Judge, Ara in Sessions Trial No. 436 of 2016 arising out of Udwantnagar P.S. Case No. 236 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