Binod Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45290 of 2016 Arising Out of PS. Case No. -42 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Binod Musahar Son of Suresh Musahar, resident of Village: Kaithi, P.S: Sheosagar, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vikramdeo Singh, Mr. Sada Nand Roy, Advocates For the Opposite Party: Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for regular bail in connection with Sasaram (T) P.S. Case No. 42 of 2016 for the offences alleged under Section 414/34 of the Indian Penal Code having earlier been rejected by this Court by order dated 19.05.2016 in Cr. Misc. No. 21905 of 2016.

3. It is submitted that the petitioner has already suffered a year in custody. Moreover, charges were framed on 27.04.2016 and the date was fixed on 10.05.2016 for examination of the witnesses. It is therefore submitted that the petitioner may be directed to be released on bail on expiry of 60 days. Thereafter co-accused Jitendra Musahar has been granted bail by the learned court below.

4. Having regard to the submission of the petitioner and in the interest of justice, it is directed that the trial of the petitioner be taken up and concluded expeditiously and in any event within a period of two months hereof. In case the trial is not concluded within the said period of two months, the petitioner above named

Patna High Court Cr.Misc. No.45290 of 2016 (2) dt.18-01-2017 2/2 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Mr. Ranjit Kumar, learned Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 42 of 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Chandran U T