Ram Pravesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.23145 of 2020 Arising Out of PS. Case No.-38 Year-2015 Thana- MADHUBAN District- East Champaran ====================================================== RAM PRAVESH SINGH Son of Late Jyotnarayan Singh Resident of VillageMogalniya Nasipar, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-09-2020 Learned counsel for the petitioner undertakes to remove the defects, if any, within four weeks from the date of start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner in the present case is seeking regular bail in connection with Madhuban P.S. Case No.38 of 2015 registered for the offence under Sections 147, 148, 149, 447, 448, 341, 323, 307, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier the prayer for regular bail of the petitioner was rejected vide order dated 17.12.2019 passed in Cr.Misc.No.65545 of 2019 with an observation that he may

Patna High Court CR. MISC. No.23145 of 2020(2) dt.11-09-2020 2/3 renew his prayer for bail after a reasonable period if the trial is not concluded.

Learned counsel for the petitioner submits that the petitioner is in custody since 28.06.2019 and the trial has yet not started. It is further submitted that the petitioner has otherwise no criminal antecedent and if released on bail he would not do any such act which may influence the course of trial and that he will appear on each and every date in the trial. Learned APP for the State has though opposed the prayer for regular bail of the petitioner, but considering that the petitioner has remained in custody for over one year by now, the trial has yet not started and the trial is not likely to be concluded in near future and further that the petitioner has otherwise no criminal antecedent, let the petitioner be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Xth Additional Sessions Judge, East Champaran at Motihari in connection with Madhuban P.S. Case No.38 of 2015, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

Patna High Court CR. MISC. No.23145 of 2020(2) dt.11-09-2020 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.