Bhola Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31813 of 2015 Arising Out of PS.Case No. -33 Year- 2013 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhola Pandit Son of Dina Nath Pandit, resident of Mohalla - Adapur (Runiyatola ), P.S. Adapur, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s : Smt. Smt. Rina Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 29-07-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 323, 324 and 307/34 of the Indian Penal Code.

Considering that the Informant himself has not supported the prosecution case in cross examination as also the genesis of the occurrence, the period of custody and the Petitioner undertakes that he will be physically present on each date of trial, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned 1st Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No.248 of 2014 arising out of Adapur P.S. Case No.33 of 2013, subject to the conditions (i) That one of the bailor shall be

Patna High Court Cr.Misc. No.31813 of 2015 (2) dt.29-07-2015 2/2 the father of the Petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner shall be physically present on each date of trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled.

The Trial Court is directed to expedite the trial, for which reason he shall send a list of the witnesses fixing specific dates for each witness for their examination along with a copy of this order to the S.P., East Champaran, Motihari, who is directed to ensure the attendance of the witnesses on the date fixed by the Trial Court so that there is no further delay in the trial. (Anjana Prakash, J) Narendra/- U T