Sadhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37243 of 2016 Arising Out of PS.Case No. -381 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== Sadhu Singh, Son of Ram Bilas Singh, resident of Village- Hajipur, P.S.- Barauni, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Syed Asgher Najmi, Advocate For the Opposite Party : Mr. Sri Gauri Shankar Gupta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 18.04.2016 passed in Cr. Misc. 10247 of 2016, on the ground that the petitioner is suffering in custody since 20.10.2015 and up till now charges have not been framed, resulting, in near future the trial is not likely to be concluded, only allegation against the petitioner is that he called the husband of the informant and thereafter two motorcycles borne criminals shot the husband of the informant and doctor declared him dead and the petitioner was caught with cycle. The name of the petitioner does not transpire in the confessional statement of co-accused and as per order of this Court the trial has

Patna High Court Cr.Misc. No.37243 of 2016 (4) dt.16-11-2016 2/2 not been concluded within six months.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering the report of learned Additional District Judge V, Begusarai dated 20.10.2016 whereby he has reported that the record is pending for hearing on the charge and, as such, in near future the trial is not likely to be concluded and as such the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional District Judge V, Begusarai, in connection with Barauni (Garhara) P.S. Case No. 381 of 2015 (S.Tr. No. 329 of 2016), 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.) Rajiv/- U T