Wakil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30189 of 2020 Arising Out of PS. Case No.-684 Year-2018 Thana- AMARPUR District- Banka ====================================================== 1.

WAKIL SAH, S/o Late Basant Sah 2.

Bikku @ Biju @ Bikash Sah, S/o Late Basant Sah Both Residents of Village - Banarjhop, P.S. - Fullidumar (Amarpur), District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 364, 302 and 120(B)/34 of the Indian Penal Code.

Seven FIR named accused persons allegedly kidnapped to the husband of the informant and, later on, his dead body was recovered.

Learned counsel for the petitioner submits that the petitioner is in custody since 25.12.2018.

In the past, prayer for bail was refused on 10.06.2019 in Cr. Misc. No. 20600 of 2019 with direction to the learned Trial Judge to expedite the trial and conclude the same preferably within nine months and the petitioner was allowed liberty to renew the prayer for bail.

Patna High Court CR. MISC. No.30189 of 2020(3) dt.20-01-2021 2/2 The report of the learned Trial Judge dated 10.12.2020 would reveal that at least nine months more is required for conclusion of the trial.

Learned counsel for the petitioner further submits that subsequent development is that some other co-accused have been allowed bail by different Coordinate Benches of this Court vide orders at Annexure-3, 4, 5 and 6.

Considering the facts aforesaid, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T. No. 230 of 2019 arising out of Amarpur (Fullidumar) Police Station Case No. 684 of 2018, subject to the following conditions:- (a) The petitioners shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioners shall not leave the country without permission of the court.

(Birendra Kumar, J) Kundan/- U T