Ram Ganesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2981 of 2020 Arising Out of PS. Case No.-219 Year-2018 Thana- RAJPUR District- Buxar ====================================================== Ram Ganesh Sah Son of Sidh Nath Sah R/O Baghelwa, P.S.- Rajpur, Distt.- Buxar. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 304B and 34 of the Indian Penal Code and section 3⁄4 of the D.P Act.

Earlier application of the petitioner for bail vide Cr. Misc. no. 41111 of 2019 was rejected by order dated 18.9.2019 (Annexure 1) giving liberty to the petitioner to renew his prayer for bail on completing one year in custody.

It is submitted by learned counsel for the petitioner that he is in custody since 24.12.2018 and the trial has still not concluded.

The application for bail has been opposed by learned APP for the State.

Patna High Court CR. MISC. No.2981 of 2020(2) dt.29-01-2020 2/2 Having heard learned counsel for the parties and taking into consideration the observations given in the earlier order of rejection dated 18.9.2019 passed in Cr. Misc. no. 41111 of 2019 together with the petitioner being in custody since more than a year, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Buxar in connection with Sessions Trial no. 102 of 2019 arising out of Rajpur P.S. Case no. 219 of 2018.

It is further directed that in view of the trial having proceeded, the petitioner shall remain personally present on each and every date in course of trial and in case of his absence on two consecutive dates for the reason not to the satisfaction of the court below, bail of the petitioner shall be cancelled and he shall be taken into custody till conclusion of the trial. (Partha Sarthy, J) Prakash/- U