Pankaj Sharma @ Dharmendra Sharma @ Karan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28284 of 2017 Arising Out of PS.Case No. -222 Year- 2015 Thana -SHRIKRISHNAPURI District- PATNA ======================================================

1. Pankaj Sharma @ Dharmendra Sharma @ Karan Son of Tript Narayan Sharma @ Tripit Sharma, R/o Vill.- Madhurampur, P.S.- Bidupur, Distt.- Vaishali at present House of Nand Kishore Narain Sinha, House No. A 233, A.G. Colony, P.S.- Shastri Nagar, Distt.- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. No doubt, earlier the prayer for bail of the petitioner was rejected by this Court taking note of his criminal antecedent but petitioner is in jail custody since 29.07.2015 but even after direction of this Court, prosecution could not succeed to produce even a single witness in course of trial and this Court, while rejecting the bail petition had directed the trial court to conclude the trail of the petitioner within six months but, admittedly, up till now trail of the petitioner could not be concluded. However, the fact of the present case reflects that none has sustained any injury in the present case and the recovery of firearm has been made by

Patna High Court Cr.Misc. No.28284 of 2017 (3) dt.05-07-2017 2/2 the private person.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Session Judge-IX, Patna in connection with Sessions trail no. 192 of 2016 arising out of Sri Krishnapuri P.S. Case No. 222 of 2015,subject to condition that he shall attend the trial court on each and every date in person for the period of nine months or till conclusion of his trial, whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T