Chiranjivi Kunar @ Chiraiya vs. The State Of Bihar

5 01-05-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner is not named in the first information report and it appears from submissions of the parties that in course of investigation a sniffer dog reached at the house of the petitioner and after that petitioner was arrested and confessed his guilt. Admittedly, except the aforesaid material, there is nothing against the petitioner.

Learned counsel appearing for the informant submitted that conviction can be based on the confessional statement of an accused and in the present case, the trial of the petitioner is on the verge of conclusion because the statement under Section 313 of the Cr.P.C. has already been recorded.

The learned trial court has sought two months time

for conclusion of trial of the petitioner vide his letter no. 133 dated 23.03.2012.

In the aforesaid circumstances, petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Begusarai in connection with Sessions Trial No. 1081 of 2011 arising out of Begusarai Town P.S. Case No. 405 of 2011 subject to condition that one of the sureties must be father of the petitioner and furthermore, petitioner shall attend the trial court on each and every date in person for the period of two months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

SHAHZAD/-

(Hemant Kumar Srivastava, J)