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Patna High CourtCR. MISC./23450/2020allowed

Shyamlal Prasad v. The State Of Bihar

2021-01-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23450 of 2020 Arising Out of PS. Case No.-164 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Shyamlal Prasad, Son of Chandradev Singh @ Chandradev Prasad, Resident of Village- Dumariya, P.S.- Gopalganj town, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Gopalganj Town P.S. Case No. 164 of 2018 for the offence under Sections 447, 341, 323, 324, 307, 504, 506/34 and 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that the occurrence took place on account of land dispute between the parties. The petitioner's side has also lodged case i.e. Gopalganj Town P.S. Case No. 163 of 2018. The petitioner is in custody since 04.01.2019.

Considering the fact that there is land dispute between the parties and the petitioner has remained in custody for two years, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty

Patna High Court CR. MISC. No.23450 of 2020(3) dt.04-01-2021 2/2 thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII, Gopalganj in connection with S.Tr. No. 386 of 2019, arising out of Gopalganj Town P.S. Case No. 164 of 2018, with the condition that the petitioner will extend full cooperation in conclusion of the trial. The trial court is directed to expedite the trial and conclude the same in all respect within a period of nine months from the date of receipt of a copy of this order. The Superintendent of Police, Gopalganj is directed to take steps for production of all prosecution witnesses for their examination, so that the trial may be concluded within the time indicated herein above.

In the event, the petitioner causes any delay in conclusion of trial, the trial court shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) uday/- U T