Anil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40330 of 2016 Arising Out of PS.Case No. -284 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anil Paswan Son of Sudisht Paswan Resident of village - Sarotar, P.S. Dumariyaghat, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 04.03.2015 and again by order dated 03.03.2016 passed in Cr. Misc. 44518 of 2014 and Cr. Misc. No. 57704 of 2015, on the ground that the petitioner is in custody since 18.06.2014, up till now only one prosecution witness has been examined, though there was direction to conclude the trial preferably within six months and liberty was given to the petitioner to renew the prayer for bail, if the trial is not concluded. Similarly situated co-accused Verma Sahani and Arun Kumar Sahani, who have also been identified by the driver

Patna High Court Cr.Misc. No.40330 of 2016 (2) dt.28-09-2016 2/2 have already been granted bail vide Cr. Misc. No. 2879 of 2016 by another co-ordinate Bench of this Court, in near future the trial is not likely to be concluded.

The learned A.P.P. fairly submits that similarly situated other two accused Verma Sahani and Arun Kumar Sahani have been allowed bail.

In the facts and circumstances stated above, 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 9th Additional Sessions Judge, East Champaran at Motihari, arising out of Dumariya Ghat P.S. Case No. 284 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