Sone Lal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25625 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== SONE LAL SINGH S/O LATE BABUE LAL SINGH R/O VILLAGEKHANGAW @ KHANGANW, WEST TOLA, P.S- PANDAUL, DISTT.- MADHUBANI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Jha, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-08-2025 Heard Mr. Pankaj Kumar Jha, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Pandaul P.S. Case No. 50 of 2023 for the offence punishable under sections 302/34 of the Indian Penal Code lodged on 13.03.2023 by the informant, Bade Lal Singh.
3. As per the prosecution story, Sonelal Singh (petitioner herein) is the cousin brother of the informant while Amar Kumar Singh is his nephew. Allegation is that due to petty issue, they assaulted the informant and his wife and in the process, the allegation is that Pawan Devi and Amar Kumar Singh caught hold of informant's wife and it is alleged that Sone Lal Singh gave 'bamboo' blow on her head causing injury. She
2/5 was rushed to the hospital but died on the way. Accordingly, the FIR.
4. On the last occasion, a report was called for which has now come, it is dated 25.07.2025 which read as follows:- Letter No. 195/2025 From, District & Additional Sessions Judge - III, Madhubani.
To, The Assistant Registrar, High Court of Judicature of Patna.
Subject:- Report regarding examination of Prosecution Witnesses.
Madhubani, dated 25th day of July, Sir, In Compliance of the Hon'ble court's order dated 0407-2025 passed in Criminal Miscellaneous No. 25625 of 2024, aforementioned report is submitted as follows :-
(1) Charges were framed U/Sec. 302/34 of I.P.C. on dated 09-08-2023 against three accused persons namely 1. Sone Lal Singh, 2. Amar Kumar Singh and 3. Pawan Devi.
(2) After framing charges on 09-08-2023, P.W. 01 Raghav Kumar Singh was examined on 24.04.2024 and was discharged on 09-05-2024, P.W. 02 Chote Lal Singh was examined on 24-05-2024, P.W. 03 Mithilesh Kumar Singh was examined on 07-06-2024, P.W. 04 Shankar Sharan Das was examined on 06-07-2024, P.W. 05 Dr. Vinod Kumar was
3/5 examined on 06-07-2024.
Thereafter, Summons were issued against the prosecution witnesses on 20-07-2024 and the Id. A.P.P. was directed to adduce evidence thereafter, again summons were issued against the rest private witnesses on 29-11-2024 Further, BW/A were issued against the rest prosecution witnesses on 2702-2025. Again BW/A were issued on 24-07-2025 against the rest prosecution witnesses handed over to the Police Officer directly in the court with a direction to produce the witnesses on the next date fixed on 28-07-2025. Ld. A.P.P. as well as the Police Officer has assured to produce the witnesses including the informant before the court on the next date fixed on 28-072025. Submitted for information and needful.
Your's Faithfully Sd/- District & Additional Sessions Judge - III, Madhubani.
25.07.2025
5. This Court can only record its anguish on the way the trial is being conducted. The petitioner is in custody since 14.03.2023 (paragraph-23 of the petition) and in a casual manner, it has been recorded that summons were issued on 29.11.2024, bailable warrant on 27.02.2025 and again bailable warrant on 24.07.2025 that is just prior to the report sent.
6. Learned counsel for the petitioner submits that he has already remained in custody for two years, is ready to
4/5 undertake the conditions that may be imposed upon him, do not have any criminal antecedent and the last submission is that he shall be diligently appearing in trial.
7. Learned APP though opposes the prayer acknowledges that the trial has not been concluded as yet.
8. Taking into account the aforesaid facts as also the undertaking given by the petitioner that he shall be diligently appearing in trial and has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail with conditions.
9. Let the petitioner 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 learned Additional Session Judge-V, Madhubani in connection with Pandaul P.S. Case No. 50 of 2023 subject to the following conditions: (i) one of the bailor should be the family members/relatives/friends of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
5/5 (iii) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T