Shesh Kumar @ Shesh Nath @ Shesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11400 of 2018 Arising Out of PS.Case No. -141 Year- 2012 Thana -PATLIPUTRA District- PATNA ======================================================

1. SHESH KUMAR @ SHESH NATH @ SHESH, son of Janki Singh, Resident of Village- Sonama, P.S. Didarganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Pandey For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 392/34 of the Indian Penal Code.

The accusation is of robbing the tractor and trailer of the informant. The petitioner and others were apprehended along with the robbed tractor. The petitioner has earlier moved before this Court for bail and prayer was refused on 24.04.2013 in Cr. Misc. No. 5524 of 2013 with direction to the trial Judge to expedite the trial. The petitioner was in custody in this case since 08.07.2012 to 14.06.2013. Thereafter, the petitioner escaped from custody and again he was put behind the bar on 26.05.2017 and thereafter he is in custody.

Patna High Court Cr.Misc. No.11400 of 2018 (5) dt.08-05-2018 2/2 Submission is that similarly situated two other co-accused Sunil Kumar and Anand Mistry were allowed bail by a Coordinate Bench of this Court vide Annexure-4 in the year 2013 and 2015 respectively.

The report of the learned trial Judge would reveal that the charge has been framed in this case on 14.11.2017. Thereafter no prosecution witness has been examined up-till-now vide report dated 01.05.2018.

Considering the entire aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Patliputra Police Station Case No. 141 of 2012, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the court below.

(Birendra Kumar, J) Kundan/Sanjeev U T