Satyadeo Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22985 of 2017 Arising Out of PS.Case No. -96 Year- 2013 Thana -GUTHNI District- SIWAN ====================================================== Satyadeo Ram Son of late Rajbanshi Ram Resident of Village+PostKishunpali, Police Station- Daraule, District- Siwan. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2017 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.
The petitioner wants to renew his prayer for bail which was earlier twice rejected by orders dated 11.05.2016 and 26.10.2016 passed in Cr. Misc. Nos. 13097 of 2016 and 38835 of 2016 respectively, on the ground that the petitioner is suffering in custody since 12.10.2015, due to the political rivalry the petitioner has been implicated, the petitioner is the sitting M.L.A, there is case and counter case, some of the independent witnesses have not supported the prosecution version and the postmortem report is not consistent with the prosecution version, the petitioner was in a meeting at Village- Madhiyari which is 20 kilometers away from
Patna High Court Cr.Misc. No.22985 of 2017 (3) dt.05-07-2017 2/3 the place of occurrence, vide paragraphs- 236, 237 and 238 of the case diary and direction was given to conclude the trial within six months from the date of receipt/production of a copy of the order dated 26.10.2016 failing which the petitioner was given liberty to renew his prayer for bail. There is no progress in the trial and up till now charges have not been framed though the petitioner is in custody and as such in near future the trial is not likely to be concluded.
The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail of the petitioner by submitting that the petitioner is one of the assailants. In the facts and circumstances as stated above, considering that in near future the trial is not likely to be concluded and as such the petitioner is directed to 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 Additional District & Sessions Judge, 3rd, Siwan in Sessions Trial No. 71 of 2017 arising out of Guthani P.S. Case No. 96 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the
Patna High Court Cr.Misc. No.22985 of 2017 (3) dt.05-07-2017 3/3 default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T