Patna High CourtCR. MISC./33462/2020bail granted

Sahdev Rai v. The State Of Bihar

2020-12-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33462 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- BELA District- Sitamarhi ============================================== SAHDEV RAI S/o Deo Sharan Rai Resident of Village- Maliyabari, P.S.- Bela, District- Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur Mr.Sanjay Kumar For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-12-2020 Heard Mr. Mahendra Thakur, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Bela P.S. Case No. 139 of 2019 instituted for the offences under Sections 302, 201, 120(B)/34 of the Indian Penal Code. The petitioner is the father-in-law of the deceased. It appears that his prayer for bail was earlier rejected by this Court vide order dated 03.03.2020 passed in Cr. Misc. No. 61360 of 2019. While rejecting the prayer for bail of the petitioner, this Court had directed him to renew the prayer for bail again if the trial is not concluded within six months from the date of passing of the order.

Patna High Court CR. MISC. No.33462 of 2020(2) dt.15-12-2020 2/2 Learned counsel for the petitioner has submitted that no substantial progress has been made in the trial even though charges have been framed in this case. The petitioner by now has remained in custody since 20.06.2019 i.e. for about one and half years. Regard being had to the afore-stated facts, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sadar, Sitamarhi, in connection with Bela P.S. Case No. 139 of 2019 . However, it is directed that the petitioner shall participate in trial and his unauthorized absence from the trial proceedings on two consecutive occasions would render his bail liable to be cancelled.

(Ashutosh Kumar, J) sunilkumar/- U T