Manoj Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27901 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Manoj Baitha Son of Shree Ram Narayan Baitha @ Shree Narayan Baitha Resident of Village-Fatepur P.S. Sonbarsa District Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujit Kumar Singh For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Minapur P.S. Case No. 71 of 2018 for the offence under Sections 279, 337, 338, 308 and 304 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been dragged in this case on account of political reason. He submits that he himself has victim in the instant case and not the wrong doer, who has committed the offence of rash and negligent driving. He submits that ultimately in this case the allegation against this petitioner is rash and negligent driving. Petitioner is in custody since 01.03.2018 and the investigation of the case is complete and police has already submitted charge-sheet. Considering the fact that the petitioner has no criminal antecedent and he has

Patna High Court Cr.Misc. No.27901 of 2018(4) dt.03-07-2018 2/2 remained in jail for four month, the petitioner deserves for bail. Learned counsel for the State submitted that the case is for offence under Section 304 Part II of the Indian Penal Code and investigation is complete, the Court may impose condition to ensure fair and speedy trial in the instant case. Considering the fact that the petitioner in custody since 01.03.2018 for the offence of rash and negligent driving, the Court is inclined to grant bail to the petitioner on the condition that the petitioner will fully extend cooperation to expedite the disposal of the trial. The Trial Court is hereby directed to expedite the conclusion of the trial by taking all necessary steps for conclusion of the trial at the earliest.

Considering the background of the instant case, the concerned trial Court is directed to conclude the trial within a maximum period of six months, in the meanwhile let the petitioner named above, 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 Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 71 of 2018.

(Anil Kumar Upadhyay, J) banti/-T.Kr.

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