Prabhu Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9219 of 2018 Arising Out of PS. Case No.-38 Year-2016 Thana- SIMRA District- West Champaran ====================================================== Prabhu Uraon S/o Kishun Uraon, R/o Village- Bitahawa, P.S.- Semra (Chiutaha), Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Semra (Chiutaha) P.S. Case No. 38 of 2016 registered for offences under sections 302, 201, 34 of the Indian Penal Code.

In the present case, out of five charge-sheet witnesses, three witnesses have been examined in which two witnesses have been declared hostile. Rest of the two official witnesses are still to be examined. After 2017, there is no headway for conclusion of the trial in near future. The petitioner is in custody for more than 2.5 years.

In view of the above, let the petitioner, namely, Prabhu Uraon, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.9219 of 2018(6) dt.31-10-2018 2/2 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Bagaha in connection with Semra (Chiutaha) P.S. Case No. 38 of 2016 pending trial in Sessions Trial No. 157 of 2017, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) rishi/- U T