Patna High CourtCR. MISC./57267/2017bail granted

Chandan Kumar @ Chandan Kunwar v. The State Of Bihar

2018-01-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57267 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -BIHPUR District- BHAGALPUR ====================================================== Chandan Kumar @ Chandan Kunwar, S/o Subhash Kunwar @ Subhash Kumar, Resident of Village- Sonversa, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar Pathak, Advocate. For the Opposite Party/s : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and the State. Prayer for bail of the petitioner was earlier rejected by this Court vide order dated 17.3.2017 passed in Cr. Misc. 1176 of 2017 with liberty to renew his prayer for bail after six months, if no substantive progress is made in the trial. A report has been called for from the court below which has been received. From the report it appears that the case has just been committed to the Court of Sessions i.e. on 6.12.2017 and charge has also not been framed in this case. This case has been filed under Section 307 of the Indian Penal Code. The petitioner is in custody since 24.7.2016. Keeping in view the period spent by the petitioner in custody and also the fact that charge has even not been framed in

Patna High Court Cr.Misc. No.57267 of 2017 (3) dt.24-01-2018 2/2 the court below, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Naugachia, in connection with Bihpur P.S. Case No. 229 of 2016 corresponding to Sessions Trial No. 190 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner in any manner will not try to hamper the trial by intimidating or influencing the witnesses and will remain present on each and every date of trial. Any two subsequent defaults will result in cancellation of bail bonds in the court below.

(Sanjay Priya, J) S.Ali/- U T