Patna High CourtCR. MISC./44855/2017bail granted

Satya Narain Mallah v. The State Of Bihar

2017-09-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44855 of 2017 Arising Out of PS.Case No. -37 Year- 2011 Thana -JADIA District- SUPAUL ====================================================== Satya Narain Mallah, Son of Saryug Mallah, Resident of Village- Khute, P.S.- Jadia, District- Supaul.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun, Advocate For the Opposite Party : Mr. Sri Bharat Bhushan (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected by order dated 24.06.2016 and 10.05.2017 passed in Cr. Misc. 17390 of 2016 and Cr. Misc. No. 19353 of 2017 respectively, on the ground that the petitioner is suffering in custody since 13.01.2016. The direction was given to conclude the trial within three months, but the trial has not been concluded and liberty was given to the petitioner to renew his prayer for bail, but up till now only four prosecution witnesses have been examined and, as such, in near future the trial is not likely to be concluded.

The learned A.P.P. submits that deceased before his

Patna High Court Cr.Misc. No.44855 of 2017 (2) dt.20-09-2017 2/2 death has stated the name of the petitioner that the petitioner was assailant.

In the facts and circumstances stated above, considering that the trial has not been concluded and, as such, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned A.D.J. F.T.C.-IInd, Supaul, in connection with S.Tr. No. 55 of 2016, arising out of Jadia P.S. Case No. 37 of 2011, 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.) Rajiv/- U