Shyam Sundar Sharma And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.7534 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7534 of 2017 Arising Out of PS.Case No. -26 Year- 2015 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shyam Sundar Sharma,

2. Sanoj Sharma, Both are sons of Late Hiralal Sharma, Resident of Village- Subaha, Bhawanipur, P.S.- Kangali, District- West Champaran.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned Sr. Counsel for the petitioners and learned counsel representing the State.

The petitioners want to renew his prayer of bail, which was earlier rejected vide order dated 18.03.2016 passed in Cr. Misc. No. 4020 of 2016, on the ground that the petitioners are in custody since 24.09.2015, there is no specific allegation against the petitioners, the allegation for pressing the neck is against four persons which appears not probable and reliable, the trial has not been concluded within 9 months as directed by this Court and in near future the trial is not likely to be concluded, the case has not been committed till 05.01.2017 and as such the petitioners deserve sympathetic consideration as there is no chance of tampering with prosecution evidence.

Patna High Court Cr.Misc. No.7534 of 2017 (2) dt.22-02-2017 Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that the trial has not been concluded within the time given by this Court and up-till-now the case has not been committed, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Narkatiyaganj, West Champaran in connection with Kangali P.S. Case No. 26 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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T