Dharmendra Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47164 of 2021 Arising Out of PS. Case No.-243 Year-2019 Thana- VISHNUPAD District- Gaya ====================================================== DHARMENDRA RAVIDAS, Son of Garivan Ravidas, Resident of VillageGhugharitand Chhatubigha, P.S.- Vishnupad, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, while the accused persons including the petitioner caught hold of the brother of the informant, accused Sanjay Yadav is stated to have shot him with a rifle.

It is submitted by learned counsel for the petitioner that as per the FIR the sole assailant is stated to be Sanjay Yadav and not the petitioner. No overt act has been alleged against him. The petitioner has been falsely implicated in the case and is in custody since 18.1.2020.

Patna High Court CR. MISC. No.47164 of 2021(3) dt.22-09-2021 2/3 Heard learned APP for the State.

A report was called for from the learned trial Court and as per the report received four prosecution witnesses have been examined.

It is further submitted by learned counsel for the petitioner that in view of the fact that there are a total 11 chargesheet witnesses as also because of the prevailing Covid19 pandemic there is no chance of the trial concluding in the near future.

Having heard learned counsel for the parties and taking into consideration the allegations against this petitioner together with the petitioner having remained in custody for 1 year 8 months, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 219 of 2020/534 of 2020 (arising out of Vishnupad P.S. Case no. 243 of 2019) 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 District & Sessions Judge XI, Gaya. It is further directed that the petitioner shall cooperate in the trial and shall remain physically present in Court on each date. In case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the

Patna High Court CR. MISC. No.47164 of 2021(3) dt.22-09-2021 3/3 petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him in custody till conclusion of the trial. (Partha Sarthy, J) Spd/- U T