The Patna High Court directed the release of the petitioner on bail on execution of a bond of Rs. 10,000 with two sureties, noting the framing of charges and acquittal of co-accused.
Petitioner directed to be released on bail on execution of bond of Rs. 10,000 with two sureties.
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Patna High Court Cr.Misc. No.31313 of 2016 (3) dt.10-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31313 of 2016
Arising Out of PS.Case No. -175 Year- 2000 Thana -JAHANABAD District- JEHANABAD
====================================================== 1. Anil Sharma Son of Rajendra Sharma Resident of Village- Ankupur, P.S. Rampur Chauram, District- Arwal. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 10-08-2016 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 05.04.2016 passed in Cr. Misc. No. 6005 of 2016, in the light of observation made therein as the petitioner was granted liberty to renew his prayer of bail after framing of charge.
It is submitted that charges have already been framed on 22.01.2016 and up-till now no prosecution witness has been examined. Other co-accused have already been acquitted in this case vide Sessions Trial No. 338 of 2008 / 29 of 2011 vide judgment dated 21.03.2012.
Learned APP fairly submits that in view of the observation, lenient view can be taken.
In the facts and circumstances stated above, the petitioner
Patna High Court Cr.Misc. No.31313 of 2016 (3) dt.10-08-2016
above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Jehanabad in S. Tr. No. 46 of 2016 arising out of Jehanabad P.S. Case No. 175 of 2000, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail for fresh consideration after the framing of charges?
Whether lenient view can be adopted given the acquittal of co-accused and non-examination of prosecution witnesses?
Anil Sharma
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
