Patna High CourtCR. MISC./11033/2018bail granted

Mithlesh Kumar @ Mithalesh Yadav @ Teju Yadav v. The State Of Bihar

2018-03-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11033 of 2018 Arising Out of PS.Case No. -107 Year- 2016 Thana -CIVIL LINE District- GAYA ======================================================

1. Mithlesh Kumar @ Mithalesh Yadav @ Teju Yadav, S/o Ram Swarup Yadav, R/o Village- Belhariya, P.S.- Tekari, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Civil Lines P.S. Case No.107 of 2016 instituted for the offence under Section(s) 414 Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act Prayer of the petitioner for bail was earlier rejected by this Court. Petitioner was given liberty to renew the prayer for bail after six months if no substantial progress is made in the case.

A report was called for from the Court below about the present stage of the case, which has been received. From the report of the Court below, it appears that the case is pending for appearance.

The petitioner is said to be in custody since

Patna High Court Cr.Misc. No.11033 of 2018 (3) dt.21-03-2018 2/2 14.03.2016.

Keeping in view the period of custody of the petitioner and the fact that the case is still pending for appearance, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Gaya, in connection with Civil Lines P.S. Case No.107 of 2016, subject to the condition that both the bailors shall be close relative of the petitioner.

The petitioner shall remain physically present on each and every date of trial and will not influence or intimidate the witnesses or cause delay in the trial. Absence of the petitioner on two consecutive dates without any reasonable cause will make his bail bond liable to be cancelled.

(Sanjay Priya, J) JA/- U T