Patna High CourtCR. MISC./15583/2018bail granted

Shyam Lal Rai v. The State Of Bihar

2018-04-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15583 of 2018 Arising Out of PS.Case No. -184 Year- 2014 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Shyam Lal Rai, Son of Late Ram Prasad Rai, Resident of Bhagirathpur Jute Mill Bandh Kinare, P.S.- Kalyanpur, Distt- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 4.4.2017 passed in Cr.Misc.No. 11487 of 2017 on merit with direction to learned trial court to conclude the trial within a period of 10 months and petitioner was also given liberty to renew prayer for bail if trial is not concluded within the said period.

Submission of learned counsel for the petitioner is that there was error in the order dated 4.4.2017 that allegation of firing is against the petitioner, whereas allegation of firing is against other co-accused and not against the petitioner. Heard learned APP also, who could not controvert the aforesaid submission. From perusal of report it appears that in this case one witness has been examined and petitioner is in custody

Patna High Court Cr.Misc. No.15583 of 2018 (3) dt.11-04-2018 2/2 since 12.9.2016.

Having heard both sides and in the facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-II, Samastipur, in connection with Sessions Trial No. 131 of 2017, arising out of Kalyanpur P.S.Case No. 184 of 2014, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and petitioner shall co-operate in trial and appear in court on the date fixed, except on genuine reason, failing which the prosecution will be at liberty to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) spal/- U