High Court Patna High Court - Orders

Indar Mushhar vs The State Of Bihar on 21 July, 2010

Patna High Court – Orders
Indar Mushhar vs The State Of Bihar on 21 July, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.5584 of 2010
                    INDAR MUSHHAR SON OF NAGESHWAR MANJHI, R/O
    MOHALLA- BAHADURPUR HOUSING COLONY, P.S.- AGAMKUAN, DISTRICT-
                                PATNA
                                            Versus
                                  THE STATE OF BIHAR
                                          -----------

5 21/07/2010 Heard Mr. Harendra Kumar learned counsel

for the petitioner and learned APP for the State.

As prayed for, learned counsel for the

petitioner is permitted to make necessary correction in

the prayer portion of the petition.

Earlier prayer for bail of the petitioner was

rejected vide order dated 30.4.2009 passed in Cr. Misc.

No. 6520 of 2009.

Submission is that the petitioner is in custody

since 10.9.2008 and the process server of Nazarat has

reported that the witnesses named in the chargesheet

are non-existent. To ascertain this fact a report was

called for which has been received. It is further

submitted that supplementary affidavit has already

been filed.

Report dated 30th April, 2010 of the learned

Additional Sessions Judge, Patna City shows that the

process server enquired about the witnesses Om

Prakash, Rajhu Manjhi, Malti Devi and Ganesh Thakur

but no trace was made out.

2

Considering the facts and circumstances of

the case, the petitioner above named is directed to be

released on furnishing 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/concerned Court, Patna City in Sessions Trial

No. 670 of 2009 arising out of Sultanganj (Agamkuan)

P.S. Case No. 476 of 2006.

avin                        (Shyam Kishore Sharma, J.)