Patna High CourtCR. MISC./4936/2018bail granted

Janeshwar Rai v. The State Of Bihar

2018-03-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4936 of 2018 Arising Out of PS.Case No. -154 Year- 2001 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================

1. Janeshwar Rai, son of Kailash Rai, resident of Village- Jamuwa, P.S.- Rohtas, District- Rohtas (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Fulman Singh, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2018 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 147/148/149/341/ 323/ 326/ 452/307 of the Indian Penal Code and Section 17 of the C.L.A Act.

This is a case of misuse of privilege of bail. The report of the learned trial Judge, in pursuance of order dated 02.02.2018, would reveal that eight prosecution witnesses have already been examined. However, the case is pending for procuring appearance of the five absconding accused persons. Considering the fact that there is no chance of conclusion of trial in near future, let the petitioner, above named,

Patna High Court Cr.Misc. No.4936 of 2018 (3) dt.16-03-2018 P2/ 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 Rohtas P.S. Case No.154 of 2001, with condition that both the bailors shall be resident of the territorial jurisdiction of the Court-below. The petitioner shall fully cooperate with the trial, failing which the bail-bond amount shall be forfeited by the learned Court-below and after re-arrest of the petitioner the prayer of bail would be considered only after conclusion of the trial (Birendra Kumar, J) Mkr./- U T