Patna High CourtCR. MISC./49724/2016bail granted

Gopal Mandal v. The State Of Bihar

2016-11-23Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.49724 of 2016 (2) dt.23-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49724 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -BHAWANIPUR District- PURNIA ====================================================== Gopal Mandal son of Saryug Mandal, R/o village- Pandit Basa, P.S.- Bhawanipur, District- Purnea ... .... Petitioner

Versus

The State of Bihar ... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 10.05.2016 passed in Cr. Misc. No. 12577 of 2016, in the light of observation made therein to renew the prayer of bail if the trial is not concluded within the period of six months and up-till-now the case has not been committed to the court of Sessions and as such in near future the trial is not likely to be concluded. The petitioner is suffering in custody since 07.01.2016. The allegation against the petitioner is that he assaulted the informant by Chhewani, a sharp cut weapon but the doctor has found the injury caused by hard and blunt substance. Other co-accused persons have been allowed bail to which the learned APP opposes.

In the facts and circumstances stated above, petitioner

Patna High Court Cr.Misc. No.49724 of 2016 (2) dt.23-11-2016 above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No. 86 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) avin/- U T