Dilip Ravidas @ Dilip Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51376 of 2015 Arising Out of PS.Case No. -164 Year- 2011 Thana -BODHGAYA District- GAYA ====================================================== Dilip Ravidas @ Dilip Das son of Late Baleshwar Ravidas resident of village- Bhagalpur, Police Station: Bodhgaya, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s : Mr. Pramod Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2016 The office has reported that in the light of the direction issued by the Registrar General I/c vide order dated 06.04.2013, all the orders of this Court are transmitted to the court below through official e-mail and the record of Cr. Misc. No. 22029/2014 shows that the order dated 25.06.2014 passed in above stated Cr. Misc. No. 22029/2014 has already been communicated to the court below through e-mail. The learned trial court vide letter no. 266/2015 has reported that the order dated 25.06.2014 passed in above stated Cr. Misc. No. 22029/2014 has not been received in the court below.
In the aforesaid circumstances, the learned District and Sessions Judge, Gaya is directed to enquire into the matter and fix responsibility against the erring person. So far as the prayer for bail of the petitioner is
Patna High Court Cr.Misc. No.51376 of 2015 (4) dt.03-02-2016 2/3 concerned, the petitioner is in jail custody since 15.10.2011 and according to the report of the learned trial court, up till now only four prosecution witnesses could be examined and still the doctor, the investigating officer as well as one other witness have been left to be examined and the learned trial court has sought six months more time for disposal of the trial of the petitioner. The allegation against the petitioner is that he along with co-accused Lalan Ravidas assaulted the deceased by means of iron rod. The postmortem report of the deceased reveals that three injuries were found on the person of the deceased and the injury on the head of the deceased became fatal for him.
Moreover, the petitioner is in jail custody for near about five years and his trial is still pending. Taking note of the aforesaid facts as well as submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. VI, Gaya in connection with Bodhgaya P.S. Case No. 164/2011, corresponding to Sessions Trial No.
Patna High Court Cr.Misc. No.51376 of 2015 (4) dt.03-02-2016 3/3 dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Hemant Kumar Srivastava, J) Dilip/- U T