Santosh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29062 of 2015 Arising Out of PS.Case No. -294 Year- 2014 Thana -SUGAULI District- EAST CHAMPARAN (MOTIHARI) ====================================================== Santosh Kumar Singh Son of Shri Rajendra Singh resident of Village Ratanpur, police station Banjariya, District East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv. For the State : Mr. Ashok Kr. Singh, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 29-07-2015 Heard learned Counsel for the Petitioner and the State. The petitioner was refused bail by the order dated 29.1.2015 passed in Cr. Misc. 441 of 2015 stating therein that the prayer for bail has been renewed at this stage. The Petitioner submits that now two witnesses have been examined and, thereafter, the Prosecuting Agency is not producing any witness.
Considering the aforesaid as also that the Petitioner undertakes to be physically present on each date of trial, let the petitioner above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional District and Sessions Judge, 9th,
Patna High Court Cr.Misc. No.29062 of 2015 (2) dt.29-07-2015 2/3 East Champaran at Motihari, in connection with Sugauli P.S. Case No. 294 of 2014, subject to the conditions, (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the mother of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
(iii) That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In the meanwhile, the Trial Court is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order in connection with Sessions Trial No.110 of 2015/17 of 2015 arising out of Sugauli P.S. Case No.
Patna High Court Cr.Misc. No.29062 of 2015 (2) dt.29-07-2015 3/3 further delay in trial.
(Anjana Prakash, J) S.Ali/- U T