Patna High CourtCR. MISC./40560/2016bail granted

Suryakant Jha @ Surya Kant Kumar Jha @ Tun Jha And ANR v. The State Of Bihar

2016-09-21Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.40560 of 2016 (2) dt.21-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40560 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Suryakant Jha @ Surya Kant Kumar Jha @ Tun Jha

2. Arun Kumar Jha son of Shanti Jha Both resident of Village- Dhimoh, P.S.- Harnaut (Gokhulpur O.P.), District- Nalanda. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners want to renew their prayer of bail, which was earlier rejected vide order dated 06.04.2016 passed in Cr. Misc. No. 4323 of 2016, on the ground that the petitioners are in custody since 22.09.2015 after their surrender. Trial is going on and Asha Kumari who is an eye witness has been examined as PW 1 in Session Trial No. 453 of 2015 wherein she has been declared hostile and as she has not supported the prosecution version. Learned APP fairly submits that now Asha Kumari is not supporting the prosecution version.

In the facts and circumstances stated above, under the changed circumstances, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/-

Patna High Court Cr.Misc. No.40560 of 2016 (2) dt.21-09-2016 (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 453 of 2015 arising out o Harnaut P.S. Case No. 283 of 2015, 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 their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T