IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23599 of 2011
Ajay Kumar Sinha
Versus
The State Of Bihar Through The
3 8.9.2011
Heard.
Petitioner’s earlier bail application was rejected vide
order dated 1.3.2011passed in Cr.Misc.No.4220 of 2011 with an
observation that if the trial is not concluded within six months, subject
to petitioner’s cooperating, the petitioner would be entitled to renew his
prayer for bail before this Court.
It is not in dispute that the trial has not yet been
concluded and the petitioner is not responsible for the delay in
conclusion of the trial.
Learned counsel for the C.B.I. vehemently argues that
the petitioner is responsible for the delay because he several times has
taken appropriate remedial steps against various orders.
In my view, this is legitimate right of litigant which does
not amount to intentionally delaying the case.
Considering the aforesaid, let the petitioner, Ajay Kumar
Sinha, be released on bail on furnishing bail bond of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of the Special
Judge, C.B.I., South Bihar, Patna in Special Case No.02 of 2011, R.C.
2A/2011 subject to the condition that on every date in the case the
petitioner would be physically present in the court and if on two dates
petitioner is absent without any reasonable explanation the court would
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have authority to cancel the bail.
AnilKrSinha (Navaniti Prasad Singh,J.)