Ghuran Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29131 of 2015 Arising Out of PS.Case No. -43 Year- 1993 Thana -BASNAHI District- SAHARSA ====================================================== Ghuran Ram, Son of Late Saryu Ram, Resident of Village - Pachlakh, P.S. - Basnahi, District - Saharsa.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-07-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Sessions Trial No.61 of 2012 arising out of Basnahi P.S. Case No.43/1993 for the offence punishable under Sections 302, 364 and 201 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 2.08.2014 with an observation that if the trial is not concluded within nine months, it will be open to the petitioner to make prayer before the trial court for grant of bail. Accordingly, the petitioner moved before the learned trial court for grant of bail. The petitioner has been in custody since 18.01.2012. The charges were framed against the petitioner on 6.10.2012. Two witnesses have already been examined and they have not supported the case.

Patna High Court Cr.Misc. No.29131 of 2015 (2) dt.22-07-2015 2/2 The original record of this case has been sent to this Court in Cr. Appeal No.731/2007 and the trial court showed his inability to conclude the trial in absence of the documents relating to this case. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st, Saharsa in Sessions Trial No.61 of 2012 arising out of Basnahi P.S. Case No.43/1993 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T