Satish Kumar Tiwary @ Randhir Tiwary @ Radhar Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.23167 of 2016 (3) dt.13-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23167 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Satish Kumar Tiwary @ Randhir Tiwary @ Radhar Tiwari S/o Sawaliya Tiwari Resident of village- Kolhuan, P.S.- Marhouwrah, District- Saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sumit Kumar For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 09.11.2015 passed in Cr. Misc. No. 32515 of 2015, in the light of observation made therein as the trial has not been concluded within the time given. It is submitted that only one prosecution witness has been examined and in near future the trial is not likely to be concluded. No ransom was paid and the victim was safely released. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that in near future the trial is not likely to be concluded and there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on

Patna High Court Cr.Misc. No.23167 of 2016 (3) dt.13-07-2016 bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Xth, Saran at Chapra in Sessions Trial No. 219 of 2015 arising out of Chapra Town P.S. Case No. 87 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 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) avin/- U T