Patna High CourtCR. MISC./46732/2018bail granted

Amit Kumar @ Dholwa @ Dholo v. The State Of Bihar

2018-08-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46732 of 2018 Arising Out of PS.Case No. -419 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Amit Kumar @ Dholwa @ Dholo, Son of Ram Sumiran Mahto, Resident of Village- Bagha, Police Station- Nagar, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Ahtash Ali Khan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 18.04.2017 passed in Cr. Misc. No. 11936 of 2017 and vide order dated 08.11.2017 passed in Cr. Misc. No. 46992 of 2017 and again rejected vide order dated 08.11.2017.

Submission of learned counsel for the petitioner that uptil now only one witness has been examined and there is no likelihood of conclusion of trial and petitioner has been rotting in judicial custody since 24.10.2016 and in this victim boy has been examined during evidence and he has not identified the petitioner. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the period of custody of the petitioner, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.46732 of 2018 (2) dt.02-08-2018 2/2 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge -Begusarai, in connection with Begusarai Muffasil P.S. Case No. 419 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