Patna High Court Cr.Misc. No.5092 of 2012 (6) dt.17-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5092 of 2012
1. Dhiranjan Kumar Mishra @ Dhiranjan Mishra @ Ranjan Mishra S/O Vishwanath Mishra Resident Of Village And Post- Mahinam, P.S.- Bahora, District- Darbhanga
.... .... Petitioner/s
1. The State Of Bihar
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
6 17-08-2012 Heard learned counsel for the petitioner and learned counsel for the State.
It appears form the record that the petitioner had moved for bail before this court vide Cr. Misc. No.24724 of 2011 and vide order dated 27.7.2011 this Court has rejected the bail application with an observation that two persons have been killed by the petitioner.
There is a case and counter case in which allegation and counter allegation has been made and this Court does not want to give any opinion on the merit of the case as any observation or opinion may harm either side. So instead of going into merit of the case, as the charge has been framed, counsel for the opposite party no.2 Patna High Court Cr.Misc. No.5092 of 2012 (6) dt.17-08-2012 has informed that the court below has given three dates i.e. 25.8.2012, 27.8.2012 and 28.8.2012 for examination of the private prosecution witnesses.
This court is of the view that the petitioner should remain in jail till the completion of the prosecution witnesses so that the chance of interference or tampering with the evidence can be avoid. As the last date that has been given by the court below is 28.8.2012 for examination of all the private prosecution witnesses but there is every chance in three dates the prosecution may not complete the evidence, it may prolong for further dates. Keeping all possible events in mind this Court feels that the prosecution would be able to complete his evidence before 30th September, 2012 and it is expected that the defence will co-operate in completion of prosecution witnesses and will not take any adjournment in the matter. If the court completes the prosecution witnesses without hindrance by 30th September, 2012 then in that circumstance the above named petitioner would be released on bail on 1st of October, 2012 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Patna High Court Cr.Misc. No.5092 of 2012 (6) dt.17-08-2012 Judicial Magistrate, Benipur, Darbhanga in Bahera P.S. Case No.57 of 2011 with the condition that he will not try to drag the case . If the court below will feel that by one way or the other the accused persons are trying to drag the case then in that circumstance the court below will be at liberty to pass an order for cancellation of bail. It is expected that the court below would complete the evidence keeping in mind the upper limit of 30th September, 2012. Let this order be communicated through Fax at the cost of the petitioner.
Vinay/- (Shivaji Pandey, J)