Sanjai Kumar @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1620 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Sanjai Kumar @ Sanjay Kumar, son of Late Ramji Sah @ Late Ramji Sah, resident of Village - Raja Punas, P.S. - Ahiyapur, District - Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Nachiketa Jha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for bail in connection with Kazi Mohammadpur P.S. Case No. 63 of 2016 for the offences alleged under Sections 379 and 411 of the Indian Penal Code having earlier been rejected by this Court by order dated 20.05.2016 in Cr. Misc. No. 22168 of 2016.

3. Pursuant to the order of this Court dated 25.01.2017, a report had been received from the learned Court below which discloses that bailable warrants have been issued for production of prosecution witnesses, which is pending.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody having

Patna High Court Cr.Misc. No.1620 of 2017 (3) dt.15-02-2017 2/2 already suffered by the petitioner since 17.02.2016, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Kazi Mohammadpur P.S. Case No. 63 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T