Chhotu Kumar @ Vivek v. The State Of Bihar

Patna High Court Cr.Misc. No.27629 of 2016 (2) dt.13-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27629 of 2016 Arising Out of PS.Case No. -254 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Chhotu Kumar @ Vivek son of Late Kalika Prasad Singh Resident of village- Kishunpur Madhuwan (Mohani), P.S.- Kudhani, DistrictMuzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Sri Subhash Chandra Mishra ====================================================== 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 01.02.2016 passed in Cr. Misc. No. 49292 of 2015, on the ground that the petitioner is in custody since 14.07.2015 and in near future the trial is not likely to be concluded, the petitioner was given liberty to renew his prayer for bail after remaining further four months in custody and as such now the petitioner deserves sympathetic consideration as co-accused Vikash Kumar whose bail was also rejected by the same order has already been allowed bail vide Cr. Misc. No. 25116 of 2016 and further another co-accused Dilip Kumar was also allowed bail by another co-ordinate Bench of this Court. Learned APP fairly submits that in view of the liberty

Patna High Court Cr.Misc. No.27629 of 2016 (2) dt.13-07-2016 given to the petitioner now lenient view can be taken. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anand Kumar Srivastava, J. M. Ist Class, Muzaffarpur in connection with Kudhani P.S. Case No. 254 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