Lalan Ram @ Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25635 of 2017 Arising Out of PS.Case No. -186 Year- 2010 Thana -PARWATTA District- KHAGARIA ====================================================== Lalan Ram @ Lalan Singh, son of Late Chhedi Ram @ Chedi Ram, resident of Village- Dumaria Khurd, P.S.- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-06-2017 Heard Sri Bisheshwar Ram, learned counsel for the petitioner and learned Additional Public Prosecutor. This is second attempt for grant of bail on behalf of the petitioner , who is in custody since 27.08.2014 in Sessions Trial No. 122 of 2014 arising out of Parbatta P.S. Case No. 186 of 2010, G.R. No. 1237 of 2010 registered for the offence under Section 302 , 201 , 34 of the Indian Penal Code .

Earlier, his prayer for bail was rejected on 09.12.2015 vide Cr. Misc. No. 52616 of 2015 in the year 2015. Earlier this Court had noticed that out of six witnesses, four had already turned hostile, however considering the fact that trial was going on , the Court had earlier rejected prayer for bail with a direction to the trial court to ensure early conclusion of the trial. The concerned Superintendent of Police was also directed to ensure

Patna High Court Cr.Misc. No.25635 of 2017 (2) dt.21-06-2017 2/2 attendance of witnesses. It has been stated in paragraph no. 7 of the petition that out of eight witnesses in the case till date seven witnesses have been examined and none of the witnesses have supported the prosecution case. It has further been indicated that last witness has not turned up for his deposition despite all steps taken by the trial court.

Considering the fact that petitioner is in custody since 27.08.2014 and the fact that prosecution is not taking proper step for early disposal of the trial despite direction of this Court , there is no reason to further detain the petitioner . Let the petitioner Lalan Ram @ Lalan Singh be enlarged 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 learned 1st Additional Sessions Judge, Khagaria / concerned court in connection with Sessions Trial No. 122 of 2014 arising out of Parbatta P.S. Case No. 186 of 2010 , G.R. No. 1237 of 2010 with condition that one of the bailors must be blood relation of the petitioner.

(Rakesh Kumar, J) Praful/- U T