Patna High CourtCR. MISC./37286/2020bail granted

Radha Mohan Ray @ Radha Mohan Rai v. The State Of Bihar

2021-08-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37286 of 2020 Arising Out of PS. Case No.-204 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== Radha Mohan Rai @ Radha Mohan Ray, Son of Late Shiv Dayal Rai, Resident of Village - Baswariya, P.S.- Ghorasahan, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Prateek Tandon, Advocate For the Opposite Party :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-08-2021 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. The petitioner has renewed his prayer for bail in connection with Ghorasahan P.S. Case No. 204 of 2019 registered under Sections 414/34 of the Indian Penal Code. His prayer for bail was earlier rejected by this Court vide order dated 04.12.2019 passed in Cr. Misc. No.63244 of 2019. Learned counsel for the petitioner submitted that while rejecting the prayer for bail, liberty was granted to the petitioner to renew his prayer for bail if the trial is not concluded within nine months. He submitted that till date only two witnesses have been examined by the prosecution before the trial court and both of them have turned hostile. He submitted that five witnesses are yet to be examined. He

Patna High Court CR. MISC. No.37286 of 2020(3) dt.11-08-2021 2/2 contended that there is no progress in trial since last several months.

Learned counsel for the State has opposed the prayer for bail to the petitioner.

Considering the nature of the offence, the submissions made above and the period of over two years undergone by the petitioner in custody, he is directed to be released on bail 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 and Sessions Judge-19th, East Champaran, Motihari in connection with Ghorasahan P.S. Case No.204 of 2019.

(Ashwani Kumar Singh, J.) sanjeet/- U T