Patna High CourtCR. MISC./39164/2014bail granted

Rohan Mochi v. The State Of Bihar

2015-04-06Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.39164 of 2014 (5) dt.06-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39164 of 2014 Arising Out of PS.Case No. -230 Year- 2004 Thana -DHANARUA District- PATNA ======================================================

1. Rohan Mochi son of Shiv Charan Mochi resident of village - Chandu Bigha, P.S. Dhanarua, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anjani Kumar For the Opposite Party/s Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 06.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was twice rejected by this court and admittedly, petitioner is languishing in jail custody since 20.4.2005.

The accusation against the petitioner is that he shot fire on the deceased and admittedly, alleged occurrence took place in the year 2004 and the petitioner is facing trial since the year 2005. It is very unfortunate that up till now, trial court could not succeed to conclude the trial of the petitioner. Trial court has sent a vague report mentioning this fact that trial of the petitioner is at the most advanced stage of evidence of prosecution but trial court did not take pain to disclose as to how many witnesses are left to be examined.

Moreover, taking note of the aforesaid facts and

Patna High Court Cr.Misc. No.39164 of 2014 (5) dt.06-04-2015 circumstances as well as submissions of the parties and also keeping in mind that having more or less similar allegation one co-accused Rajendra Singh @ Loha Singh @ Rajendra Prasad Singh has already been granted privilege of bail by a coordinate bench of this court vide order dated 18.6.2014 passed in Cr. Misc. no. 20123/2014, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge III, Patna in Sessions trial no. 1574/2005 arising out of Dhanarua P.S. Case no. 230/2004. shahid (Hemant Kumar Srivastava,J) U T