Sanjeet Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.64446 of 2018 (2) dt.31-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64446 of 2018 ====================================================== Sanjeet Kumar, Son of Raj Kishore Sharma, Resident of VillageSalarpur, P.S.- Ghoshi, District- Jehanabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shivendra Prasad, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 29.12.2016 and has renewed his prayer for bail in connection with Jehanabad P.S. Case No. 391 of 2016 for the offence alleged under Sections 420 and 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act having twice been rejected by orders dated 14.03.2018 and 24.08.2018 in Criminal Miscellaneous No. 8942 of 2017 and Criminal Miscellaneous No. 49558 of 2018, respectively.

3. It is submitted that charges have already been framed against the petitioner on 22.12.2017 but the said fact could not be brought to the notice of the Court through inadvertence at the time when the earlier orders dated 14.03.2018 and 24.08.2018 (Annexure-1 series) were passed.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 29.12.2016, let the

Patna High Court Cr.Misc. No.64446 of 2018 (2) dt.31-10-2018 petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri P.K. Bharti, learned Judicial Magistrate Ist Class, Jehanabad, in connection with Jehanabad P.S. Case No. 391 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T