Rajiv Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11370 of 2019 Arising Out of PS. Case No.-180 Year-2016 Thana- BHAGWANPUR District- Vaishali ====================================================== RAJIV KUMAR THAKUR Son of Shri Ram Nandan Thakur, resident of village-Daudnagar, P.S.-Bidupur, District-Vaishali. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrit Abhijat For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2019 Heard the learned counsel for the petitioner. Earlier prayer for bail of the petitioner was twice rejected by this Court vide orders dated 19.05.2017 passed in Cr. Misc. No. 19903/2017 and 20.06.2018 passed in Cr. Misc. No. 26955/2018.
The trial has yet not been concluded in spite of specific direction given by this Court in both orders. Report from the Court below regarding present stage of trial has been received. From the report of the trial court it appears that in this case charge has been framed on 15.03.2017. Case is still pending for evidence.
The trial court has mentioned in the report that Dasti Summon was issued to the Addl. P.P. for evidence of remaining witnesses.
Patna High Court CR. MISC. No.11370 of 2019(4) dt.10-04-2019 2/3 Trial court has made prayer for further two months time for disposal of trial.
The trial court had earlier mentioned in report that trial is likely to be concluded within three months. This Court had granted six months time to conclude the trial by order dated 20.06.2018. The trial has still not concluded till date. It is alleged in the written report that 10kg Ganja was recovered from possession of petitioner.
Petitioner is in custody since 21.10.2016.
Keeping in view the period of custody already spent by the petitioner and the trial court has not taken serious steps to conclude the trial in spite of specific direction given by this Court twice, this Court is of the view that for the laches on the part of trial court in not concluding the trial, the petitioner could not be allowed to remain in custody for infinity. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 1st Addl. Sessions Judge, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 180/2016, subject to the conditions that:
Patna High Court CR. MISC. No.11370 of 2019(4) dt.10-04-2019 3/3 (I) both the bailors shall be the close relative of the petitioner.
(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.
Let the order be communicated to the officer concerned and the same will also be kept in his ACR. (Sanjay Priya, J) rakhi/- U T