Dinesh Sada And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12154 of 2015 Arising Out of PS.Case No. -48 Year- 1997 Thana -BELDAUR District- KHAGARIA ======================================================

1. Dinesh Sada son of Debu Sada.

2. Bilakchhan Sada son of Mathru Sada.

Both are resident of village Baghara, P.S. Beldaur, District-Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. D.P.Tiwary (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-03-2015 Supplementary affidavit has been filed on behalf of petitioners, which is kept on record.

Heard the learned counsel for the petitioners as well as the learned A.P.P.

The petitioners seeks bail in a case for the offences under Sections 147, 148, 149, 307, 353, 379/34, 511 of the Indian Penal Code.

Petitioners want to renew the prayer for bail, which has already been rejected twice vide order dated 18.09.2014 passed in Cr. Misc. No. 31785 of 2014 and order dated 17.12.2014 passed in Cr. Misc. No. 50414 of 2014 on the ground of remaining in custody and further that now two prosecution witnesses have been examined and the petitioners were given liberty to renew

Patna High Court Cr.Misc. No.12154 of 2015 (2) dt.25-03-2015 2/2 their prayer for bail. From supplementary affidavit whereunder the deposition of two witnesses have been annexed, it reveals that P.W.1 has been declared hostile and P.W.2 has been tendered. Under the facts and circumstances stated above, now the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Ad hoc District and Sessions Judge, 2nd Khagaria in connection with Beldaur P. S. Case No. 48/1997, G.R. No. 711/1997, Sessions Trial No. 152/2014, 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 petitioners 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 petitioners from privilege of bail.

(Jitendra Mohan Sharma, J.) Kamlesh U T