Arjun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28426 of 2018 Arising Out of PS.Case No. -51 Year- 2016 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Arjun Prasad Son of Late Balchand Mahto Resident of Village - Nekpur, P.S. - Chhabilapur, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 18.04.2017 passed in Cr. Misc. No. 17734 of 2017 in connection with Chhabilpur P.S.Case No. 51 of 2016, registered for the offences punishable under Sections 147, 148, 149, 302 and 120(B) of the IPC.

Submission of learned counsel for the petitioner that the petitioner has been in judicial custody since 17.12.2016 and uptil now no witness has been examined and there is no likelihood of conclusion of trial in near future and the case is of single blow by the petitioner and there was no repetition of blow. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

Patna High Court Cr.Misc. No.28426 of 2018 (2) dt.09-05-2018 2/2 sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Nalanda, in connection with Chhabilpur P.S.Case No. 51 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T