Sohan Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30277 of 2024 Arising Out of PS. Case No.-150 Year-2022 Thana- GUTHANI District- Siwan ====================================================== Sohan Mali S/O Jawahar Mali @ Jawahar R/O Village- Daraila, P.S- Guthani, Distt.- Siwan.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Earlier the prayer for bail of the petitioner was rejected vide order dated 13.09.2023 passed in Cr. Misc. No. 37735 of 2023 with an observation to the Trial Court to expedite the trial and conclude the same at the earliest.

2/4 In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-A. The report of learned Additional District & Sessions Judge-IX, Siwan dated 17.05.2024 suggests that none of the prosecution witnesses have been examined as yet and the trial shall be concluded within nine months which suggests that there is no likelihood of the trial being concluded in near future.

Considering the fact that there is no eye witness of the occurrence and only on the circumstantial evidence, the petitioner has been made accused in this case, there is no likelihood of the trial being concluded in near future and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional

3/4 Sessions Judge-XI, Siwan in connection with Guthani P.S. Case No. 150 of 2022 (Sessions Trial No. 759/2022), subject to the conditions (i) that one of the bailors shall be close relative of the petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. (iii) that the petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of bail bonds of the petitioner.

(Sunil Kumar Panwar, J) Shageer/- U T

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