Chhotu Das @ Chhotu Ji v. The State Of Bihar

Patna High Court Cr.Misc. No.37707 of 2016 (3) dt.05-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37707 of 2016 Arising Out of PS.Case No. -20 Year- 2013 Thana -DUMARIA District- GAYA ====================================================== Chhotu Das @ Chhotu Ji S/o Krit Ram, resident of Village-Kauwal, P.S.- Chhatar Pur, District- Plamu, Jharkhand.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 332, 333, 353, 307, 120(B) of the I.P.C. as well as Section 27 of the Arms Act and Section 10(ii), 13(i), 13(ii) of the U.P. Act and Section 17 of the C.L.A. Act. Earlier the bail application of the petitioner was rejected vide Cr.Misc.No.29394 of 2015 dated 5.8.2015 with a direction to the court below to conclude the trial preferably within a period of one year. A report was called for from the court below. The same is on record.

It has been reported that the case has been committed to the Court of Sessions. After 14 months of the rejection order, the present application for grant of bail has been moved on behalf of the petitioner. From the report submitted by the court below, it appears that there is no chance of the trial to be concluded in the

Patna High Court Cr.Misc. No.37707 of 2016 (3) dt.05-10-2016 near future.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.03.2014 i.e. for approximately 2 years 7 months. General and omnibus allegation has been made. No specific injury has been attributed against the petitioner. The similarly situated accused has been granted bail vide Cr.Misc.No.27340 of 2016.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. VII, Gaya in connection with S. Tr. No.6 of 2016/ 11 of 2016 arising out of Dumaria P.S. case No.20 of 2013. The petitioner is directed to co-operate during the trial. If the Trial Court feels that the petitioner is not co-operating in the trial, the court below will be at liberty to cancel the bail of the petitioner.

(Sudhir Singh, J) Narendra/- U T