Patna High CourtCR. MISC./41721/2016bail granted

Deba Mukhiya v. The State Of Bihar

2016-10-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41721 of 2016 Arising Out of PS.Case No. -404 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Deba Mukhiya Son of late Narayan Mukhiya Resident of VillageMathiya , PS lauriya, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The allegation against the petitioner is that he along with other accused persons looted money and other belongings of the informant. The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 30.01.2016 passed in Cr. Misc. No. 49990 of 2015 on the ground that the prayer for bail was rejected at that stage with the liberty to the petitioner to renew his prayer for bail after six months and the similarly situated coaccused Ram Pravesh Yadav has been allowed bail by another coordinate Bench of this Court vide Cr. Misc. No. 42286 of 2016 by order dated 03.10.2016.

Patna High Court Cr.Misc. No.41721 of 2016 (2) dt.06-10-2016 2/2 The learned A.P.P. fairly submits that after rejection of prayer for bail co-accused Ram Pravesh Yadav has been allowed bail by order dated 03.10.2016.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no allegation of tampering with the prosecution evidence and as such the petitioner is directed to 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 the 3rd Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 97 of 2016 arising out of Bettiah Muffasil (Manuapul) P.S. Case No. 404 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) Abhay/- U T