Jahangir Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61276 of 2017 Arising Out of PS. Case No.-179 Year-2015 Thana- SATHI District- West Champaran ====================================================== Jahangir Mian S/o Rasid Mian, R/o Village- Daniyal Parsauna, P.S.- Sathi, District- West Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Lakshmi Kant Sharma For the Opposite Party/s :
Mr. SRI NARENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 30.06.2016 and 12.07.2017 passed in Cr. Misc. No. 20801 of 2016 and 25359 of 2017 respectively, on the ground that the petitioner is in custody since 04.09.2015, there is case and counter case, both sides have received injury and trial has not been concluded within four months as directed by this Court and in near future the trial is not likely to be concluded.
Learned APP opposes the prayer of bail but fairly submitted that the trial has not been concluded and the petitioner was granted liberty to renew his prayer of bail. In the facts and circumstances stated above, considering that there is no chance of tampering with the prosecution
Patna High Court Cr.Misc. No.61276 of 2017(2) dt.20-12-2017 2/2 evidence, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, West Champaran at Bettiah in S. T. No. 04 of 2016 arising out of Sathi P. S. Case No. 179 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