Tulsi Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7735 of 2017 Arising Out of PS.Case No. -64 Year- 2014 Thana -BAGHAILA District- SASARAM (ROHTAS) ======================================================

1. Tulsi Singh, Son of Late Wakil Singh,

2. Ajit Kumar @ Ajit Singh, Son of Tulsi Singh,

3. Jaswant Kumar @ Jaswant Singh, Son of Tulsi Singh, All are resident of Village- Rotwa, P.S.- Baghaila, District- Rohtas. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rana Pratap Singh, Advocate.

For the Opposite Party : Mr. Ajay Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2017 Heard both sides.

The petitioners seek bail in Baghaila P.S. Case No. 64 of 2014, corresponding to Sessions Trial No. 389 of 2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

The prayer for bail of the petitioners was earlier rejected vide order dated 14.05.2015 passed in Cr. Misc. No. 7363 of 2015 with a direction to the trial court to conclude the trial within nine months but, the trial court could not concluded the trial. The petitioner again moved for bail in Cr. Misc. No. 20297 of 2016 but the same was again rejected vide order dated 07.09.2016, on the basis of the report of the learned Additional

Patna High Court Cr.Misc. No.7735 of 2017 (4) dt.17-05-2017 2/2 Sessions Judge-III, Rohtas at Sasaram that only two witnesses the doctor and the investigating officer are to be examined and the trial has not yet been concluded. The learned 7th Additional Sessions Judge, Rohtas at Sasaram reported that the presiding officer of the court of 2nd Additional Sessions Judge, Rohtas at Sasaram retired on 31st January, 2017 and thereafter, the case was transferred to his court on 18.03.2017.

Considering the facts aforesaid and the fact that the trial has not yet been concluded, the petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Rohtas at Sasaram in Baghaila P.S. Case No. 64 of 2014, corresponding to Sessions Trial No. 389 of 2015, subject to the condition that the petitioners shall present on each and every date during trial and, if the petitioners fail to appear on any date the trial court shall be at liberty to cancel the bail bond of the petitioners. (Prabhat Kumar Jha, J.) KKSINHA/- U T