Binod Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1413 of 2018 Arising Out of PS.Case No. -487 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Binod Thakur, Son of Late Chandradeo Thakur, Resident of Village Lala Tola Sureya, P.S. Bettiah Muffasil, District- West Champaran. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shakil Ahmad Khan For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 Earlier the appeal of the appellant for grant of bail was disposed of vide order dated 07.07.2017, passed in Cr. Appeal (SJ) No. 10874 of 2017 with direction to the trial court to expedite and conclude the trial within nine months and appellant was given liberty that if the trial is not concluded within the aforesaid period, he may renew his prayer for bail.

Submission of learned counsel for the appellant is that out of ten witnesses uptil now only one witness has been examined and he has been in custody since 10.12.2016 and he had been made accused in the case only on the basis of suspicion. 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 appellant, this appeal is allowed, let the appellant, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five

Patna High Court CR. APP (SJ) No.1413 of 2018 (2) dt.25-04-2018 2/2 Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bettiah, West Champaran in connection with Trial No. 55/2017 arising out of Bettiah Muffasil P.S. Case No. 487 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant 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