Surendra Choudhary @ Surendra Kumar @ Madhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19967 of 2017 Arising Out of PS.Case No. -216 Year- 2014 Thana -KANKARBAGH District- PATNA ====================================================== Surendra Choudhary @ Surendra Kumar @ Madhu, S/o - Late Panalal R/v Diwan Mohalla, Hamampur, P.S. Khajekala, Distt. - Patna at present R/m - Shanti Bhawan, Devendra Lane, West Ashok Nagar, Road No. - 8(E), P.S. Kankarbagh, Distt. - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party : Mr. Kumar Virendra Narayan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier twice rejected by order dated 01.12.2015 passed in Cri. Misc. No. 36544 of 2015 and further by order dated 21.09.2016 passed in Cr. Misc. No. 40797 of 2016, on the ground that the petitioner is suffering in custody since 19.06.2014 and in spite of direction given by this court to conclude the trial within six months, the trial has not been concluded and the petitioner was given liberty to renew his prayer for bail. It is submitted that evidence of prosecution is still going on and in near future the trial is not likely to be concluded and, as such, the petitioner deserves

Patna High Court Cr.Misc. No.19967 of 2017 (2) dt.21-06-2017 2/2 sympathetic consideration.

The learned A.P.P. fairly submits that trial has not been concluded.

In the facts and circumstances stated above, 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 Smt. Suchitra Singh, J.M. 1st Class, Patna, in connection with Kankarbagh P.S. Case No. 216 of 2014 (G.R. No. 3397 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.) Rajiv/- U T