Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26305 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -SALKHUA District- SAHARSA ======================================================

1. Bhola Kumar Son of Chandeshwari Sah, Resident of Village- Pahlam, Police Station- Salkhua, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Veena Kumari Jaiswal For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 The petitioner seeks regular bail in connection with Salkhua P.S. Case No. 23 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 379 Indian Penal Code.

It appears that earlier petitioner's application for grant of bail was rejected by this Court vide order 23.02.2017, passed in Criminal Miscellaneous No. 7964 of 2017 with the observation that petitioner may renew his prayer for bail after completion of five months in judicial custody.

It has been submitted on behalf of the petitioner that petitioner has already remained more than five months in judicial custody as he has been in custody since 05.12.2016 and he is ready to abide by any condition imposed on him for grant of bail. Heard learned A.P.P. also.

Having heard both sides, considering the submissions of learned counsel for the petitioner and also that petitioner has already remained in custody for more than five months, as such,

Patna High Court Cr.Misc. No.26305 of 2017 (2) dt.21-06-2017 2/2 let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM -II, Saharsa, in connection with Salkhua P.S. Case No. 23 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T