Bhola Sah @ Ram Sushil Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30377 of 2020 Arising Out of PS. Case No.-143 Year-2018 Thana- RANIGANJ District- Araria ====================================================== BHOLA SAH @ RAM SUSHIL SAH Son of Ramasray Sah @ Ramasray Singh Resident of Village - Hasanpur Ward No. 08, P.S.- Raniganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Raniganj P.S. Case No. 143 of 2018 registered under section 307 and other sections of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 13.9.2019 (Annexure-1) passed in Cr. Misc. No. 40740 of 2019 giving liberty to the petitioner to renew his prayer for bail after completing one year in custody. It is further submitted that petitioner is in custody since 22.2.2019 and has remained in custody for about one year and nine months. There
Patna High Court CR. MISC. No.30377 of 2020(2) dt.27-11-2020 2/2 is no chance of the trial concluding in the near future. The application for bail is opposed by learned APP appearing for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the period in custody, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sessions Trial No. 297 of 2019 (arising out of Raniganj P.S. Case No. 143 of 2018) on furnishing bail bond of Rs.10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Araria. It is further directed that in view of the trial in the case having commenced, the petitioner shall cooperate in the trial and in case, the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation of the petitioner, the learned trial Court shall cancel the bail bond of the petitioner and shall take him into custody till conclusion of the trial. (Partha Sarthy, J) sushma/- U T