Nunua Tuddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75049 of 2019 Arising Out of PS. Case No.-390 Year-2017 Thana- JHAJHA District- Jamui ====================================================== NUNUA TUDDU S/O Chhotaka Tuddu Resident of Thel Pathar, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 307/353/34 of the Indian Penal Code, Sections 25(1-b)a/26/35 of Arms Act, Sections 3 /4 of Explosive Substance Act and Sections 16, 17, 18, 19, 20, 21 and 22 of the UAP Act.

Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with direction to the trial court to conclude the trial within one year from the date of receipt/production of a copy of this order. It has been submitted on behalf of the petitioner that prosecution has failed to produce the prosecution witnesses in spite of summons and bailable warrant issued to the witnesses which would be apparent from impugned order dated

Patna High Court CR. MISC. No.75049 of 2019(2) dt.22-01-2020 2/2 25.10.2019. Petitioner is in custody since 06.12.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jhajha P.S. Case No. 390/17 , S.T. No.284/2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T