Parmeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14901 of 2015 Arising Out of PS.Case No. -58 Year- 2013 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Parmeshwar Rai Son of Jaldhari Rai, Resident of Village - Bhagwatiya, P.S. Rajepur, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Nath Tiwary For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel appearing for the informant.

Earlier prayer for bail of the petitioner was rejected by a coordinate bench of this court, taking note of this that the petitioner is said to have given single Lathi blow on the head of the deceased.

The petitioner is in jail custody since 27-07-2013 and according to the report of learned trial court, uptill now, not a single prosecution witness could be examined though the charge against the petitioner was framed on 05-06-2014. It is not out of place to mention here that the

Patna High Court Cr.Misc. No.14901 of 2015 (3) dt.20-05-2015 2/2 informant of the present case is aware about the stage of the trial of the petitioner but it appears to me that even knowing this fact that the case is pending for prosecution evidence, the informant willingly is not producing his witnesses before the trial court and he only wants to keep the petitioner behind the bar without any progress in trial.

Considering the facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Rajepur P.S. Case No. 58 of 2013 corresponding to Sessions Trial No. 1035 of 2013 to the satisfaction of Learned Additional Sessions Judge-XI, East Champaran, Motihari. (Hemant Kumar Srivastava, J) A.K.V./- U T