Manoj Sharma @ Ravi Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38179 of 2017 Arising Out of PS.Case No. -244 Year- 2013 Thana -FALKAHA District- KATIHAR ====================================================== Manoj Sharma @ Ravi Sharma Son of Late Dhir Narain Sharma, R/o Village- Sameli Chakla, Noula Nagar, P.S.- Falka (Pothia), DistrictKatihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Awadhesh Kumar Mishra, Advocate For the Opposite Party : Mr. Sri Ram Sevak Choudhary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier thrice rejected vide order dated 03.03.2015, 12.07.2016 and 01.03.2017 passed in Cr. Misc. 44351 of 2014, Cr. Misc. No. 22705 of 2016 and Cr. Misc. No.8732 of 2017 respectively, on the ground that the petitioner is in custody since 05.05.2014 and up till now only three prosecution witnesses have been examined and there is no likelihood of early conclusion of the trial, there was direction to conclude the trial within four months and the petitioner was given liberty to renew his prayer of bail thereafter and, as such, now he deserves sympathetic consideration.

Patna High Court Cr.Misc. No.38179 of 2017 (2) dt.16-08-2017 2/2 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 the learned Additional Sessions Judge-IV, Katihar, in connection with Falka (Pothia) P.S. Case No. 244 of 2013 (Sessions Trial No. 317 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