Badal Rai @ Satyadeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59200 of 2017 Arising Out of PS. Case No.-40 Year-2015 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Badal Rai @ Satyadeo Rai, S/o Late Jagat Rai, Resident of village:- Faujulahpur (Kalyanpur Tola), Police Station- Baikunthpur, DistrictGopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kumar Binode Bariar For the Opposite Party/s :

Mr. SRI ANIL PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 10.12.2015, 21.09.2016 and 26.04.2017 passed in Cr. Misc. No. 47397 of 2015, 40700 of 2016 and 16715 of 2017 respectively, on the ground that the petitioner is in custody since 08.08.2015 and up-till now the trial has not been concluded inspite of direction given by this Court and in near future the trial is not likely to be concluded. On the basis of letter of the trial court further two months time was granted to conclude the trial on 30.08.2017 but the trial has not been concluded. Only six prosecution witnesses have been examined.

Patna High Court Cr.Misc. No.59200 of 2017(3) dt.20-12-2017 2/2 Learned APP opposes the prayer of bail but fairly submits that the trial has not been concluded inspite of direction given by this Court.

In the facts and circumstances stated above, considering that there is no chance of tampering with prosecution evidence and the trial has not been concluded within the time given by this Court, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II, Gopalganj in S. Tr. No. 385 of 2015 arising out of Baikunthpur P. S. Case No. 40 of 2015, 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 default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T