IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.7900 of 2011
Pashupati Nath @ Pinkal, son of Sri Anil Kumar Choudhary, Resident
of Mohalla Garikhana, P.S. Khagaul, Dist. Patna.
--------- Petitioner
Versus
The State of Bihar --------- Opp. Party
-----------
3 05.8.2011 Heard learned counsel for the
petitioner.
The prayer for bail of the
petitioner was in fact allowed by order dated
26.3.2009 in Cr. Misc. No. 50257 of 2008
subject to the condition that the petitioner
must have not more than two criminal cases
pending against him. It, however, transpires
that the petitioner has more than two
criminal cases against him and as such, when
the application was filed by him for
modification of the aforementioned order, the
same was rejected by an order dated 1.4.2010
in Cr. Misc. No. 41014 of 2009 with a
direction to the court below that the trial
of the petitioner, keeping in view that he
was in custody since 13.3.2008, must be
expedited and concluded preferably within a
period of six months.
When this bail application was filed
on 1.3.2011, a report was called for from the
trial court as to the present stage of trial
2
and the report, which has been received at
Flag-C dated 18.5.2011, would go to show that
the case itself was committed to the court of
sessions on 5.5.2011.
That being so, when the end of the
trial of the petitioner is nowhere in sight,
this Court considering also the fact that the
petitioner was found entitled for grant of
bail by this Court earlier, would direct for
release of the petitioner, namely, Pashupati
Nath @ Pinkal on bail on furnishing bail bond
of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the
satisfaction of Mr. Ranjeet Kumar,
Magistrate, 1st Class, Danapur, Patna in
connection with Rupaspur P.S. Case No. 34 of
2008, subject to the following conditions:-
(i) The two bail bonds will be
furnished, one by the Government servant and
the other by a close family relative.
(ii) The petitioner will remain
present in course of trial on each and every
day and his absence even for a single day
would automatically entail the consequences
of cancellation of his bail.
(iii) The petitioner in case is now
made accused in any other criminal case, that
3
would itself lead to cancellation of his
bail.
Subject to the aforementioned
conditions, the prayer for bail of the
petitioner is allowed.
(Mihir Kumar Jha, J.)
Rsh