Patna High CourtCR. MISC./23039/2021bail granted

Rajesh Das @ Rajesh Mochi v. The State Of Bihar

2021-07-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23039 of 2021 Arising Out of PS. Case No.-181 Year-2010 Thana- BAKHTIYARPUR District- Patna ====================================================== RAJESH DAS @ RAJESH MOCHI SON OF KAPIL DAS RESIDENT OF VILLAGE- RAWAICH, P.S.- BAKHTIYARPUR, DISTRICT- PATNA ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Alok Kumar Alok For the Opposite Party :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-07-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Bakhtiyarpur P.S. Case No. 181 of 2010, for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

The petitioner is in custody since 28.03.2019. he is the husband of the victim. The case was instituted in the year 2010 and charge-sheet was submitted in 2011. Noticing the conduct of the petitioner that after rejection of his anticipatory bail on 02.08.20214, he had evaded arrest and was subsequently declared absconder. His application for regular bail was earlier rejected by an order dated 04.12.2019 passed in Cr. Misc. No. 48701 of 2019.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner shall appear before

Patna High Court CR. MISC. No.23039 of 2021(2) dt.28-07-2021 2/2 the Court below on each and every date as required. Considering the fact that the petitioner is in custody since 28.03.2019 and there is no percetible progress at the trial, this application 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. Sess. Judge, Barh, in Bakhtiyarpur P.S. Case No. 181 of 2010.

It is, however, indicated that any default on the part of the petitioner in appearing before the Court below on the date fixed shall entail cancellation of his bail.

(Chakradhari Sharan Singh, J) Pawan/- U T