Ram Deyal Rai @ Ram Das Rai @ Ram Dayal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35752 of 2017 Arising Out of PS.Case No. -230 Year- 2014 Thana -GARDANIBAGH District- PATNA ====================================================== Ram Deyal Rai @ Ram Das Rai @ Ram Dayal Rai, Son of Late Ram Chandra Rai, R/o Village- New Alkapuri, Post Office- Anisabad, P.S.- Gardanibagh, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Naresh Ray, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier twice rejected vide order dated 10.05.2016 and 08.03.2017 passed in Cr. Misc. 13212 of 2016 and Cr. Misc. No. 10070 of 2017 respectively, on the ground that the petitioner is in custody since 07.08.2015, he is an old man aged about 82 years and father-in-law of the deceased, there is no specific allegation against him and further the trial has not been concluded within four months as directed by this court and the petitioner was given liberty to renew his prayer of bail, up-till now no prosecution witness has been examined and in near future the trial is not likely to be conclude.

Patna High Court Cr.Misc. No.35752 of 2017 (2) dt.09-08-2017 2/2 The learned A.P.P. fairly submits that trial has not been concluded.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge VIII, Patna, in connection with Sessions Trial No. 838 of 2015 arising out of Gardanibagh P.S. Case No. 230 of 2014 (G.R. No. 3738 of 2014), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T