Patna High CourtCR. MISC./23597/2016bail granted

Pawan Mandal v. The State Of Bihar

2016-09-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23597 of 2016 Arising Out of PS.Case No. -14 Year- 2015 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Pawan Mandal Son of Suresh Mandal Resident of village - Koiri Tola Maksuspur, P.S. Kashim Bazar, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sanjay Kr. Tiwary No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier prayer for bail of the petitioner was rejected by this court taking note of the allegation, levelled against him as well as his criminal antecedent but submission on behalf of the petitioner is that uptill now, only one witness could be examined whereas; the petitioner is in jail custody since 09-03-2015. It is further submitted that in the present case, neither the informant nor any other person sustained injury nor any payment was made. The trial court has reported that out of 9 proposed prosecution witnesses, uptill now, only one prosecution witness could be examined. The aforesaid fact goes to show that there is no possibility of conclusion of trial of the petitioner in near future.

Patna High Court Cr.Misc. No.23597 of 2016 (3) dt.07-09-2016 2/2 Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kasim Bazar P.S. Case No. 14 of 2015 corresponding to Sessions Trial No. 219 of 2015 to the satisfaction of Learned Additional Sessions Judge-Ist, Munger subject to condition that any attempt, on behalf of or by the petitioner, to terrorize the prosecution witness, shall give liberty to the trial court to cancel his bail bonds after due and proper inquiry. (Hemant Kumar Srivastava, J) A.K.V./- U T