Mithun Ram @ Mithun Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67397 of 2024 Arising Out of PS. Case No.-55 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Mithun Ram @ Mithun Kumar Ram S/o- Sarjan Ram R/o - Bannu Bagicha, P.S - Kiul, District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is the third attempt of bail by the petitioner since earlier his prayer was rejected vide order dated 14.03.2023 passed in Cr. Misc. No. 5097 of 2023, thereafter vide order dated 01.12.2023 passed in Cr. Misc. No. 52337 of 2023 with the direction to the trial Court to expedite the trial and dispose of the same within a period of nine months and it was further observed that if the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail.
3. Learned counsel for the petitioner submits that nine months have already been completed but the trial is still pending. He further submits that witness Yogeshwar Yadav relying upon whose statement the bail application was rejected
Patna High Court CR. MISC. No.67397 of 2024(3) dt.29-11-2024 2/2 first time, has turned hostile during the trial.
4. Learned APP for the State has opposed the prayer for bail.
5. Considering the above facts and circumstances of the case, let the petitioner, above-named, 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 learned Sessions Judge, Lakhisarai in connection with Kiul P.S. Case No. 55 of 2022, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court with a further condition that:- (i) the petitioner shall remain physically present on each and every date as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below. (Nawneet Kumar Pandey, J) Arish/- U T