Vimal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9340 of 2019 Arising Out of PS. Case No.-168 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Vimal Rai S/o Late Parmeshwari Rai Resident of village-Pipra,P.S. Town (Ratanpur O.P.), ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP For the Informant :

Mr. Vinod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, seven named persons including the petitioner fired at Mantoon Rai causing his death. The petitioner is in custody since 19.05.2017. Earlier prayer for regular bail was refused on 06.03.2018 and the trial Court was directed to expedite and conclude the trial within nine months. The petitioner was allowed liberty to renew the prayer if the trial is not concluded within the aforesaid period. The report of the learned trial Judge reveals that the case is still running for prosecution evidence.

Patna High Court CR. MISC. No.9340 of 2019(3) dt.19-06-2019 2/2 Learned counsel for the informant opposed the prayer for bail on the ground that the prayer for bail of coaccused Nandan Singh was refused by a coordinate Bench of this Court.

Considering the fact that there is no chance of conclusion of trial in near future as well as considering the period already undergone by the petitioner and readiness of the petitioner to cooperate the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Begusarai Town P.S. Case No.168 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T