Saurabh Kumar Gupta @ Saurabh v. The State Of Bihar

Patna High Court Cr.Misc. No.25473 of 2017 (2) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25473 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Saurabh Kumar Gupta @ Saurabh Son of Arjun Prasad, Resident of Village-Kazi Chak Gulabbag, Police Station-Barh, District-Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2017 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 22.10.2016 passed in Cr. Misc. No. 41733 of 2016 which was disposed of with Cr. Misc. No. 41660 of 2016, on the ground that the petitioner is in custody since 22.02.2016, no ransom was paid, the confessional statement made before the Police has got no evidentiary value in the eye of law and as such the petitioner deserves sympathetic consideration. Further the trial has not been concluded within the period of six months, only one prosecution witness has been examined and in near future the trial is not likely to be concluded. Learned APP fairly submits that the trial has not been concluded.

Patna High Court Cr.Misc. No.25473 of 2017 (2) dt.12-07-2017 In the facts and circumstances stated above, the petitioner 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 Smita Raj, J. M. Ist Class, Patna in connection with Kankarbagh P.S. Case No. 58 of 2016, 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