Patna High CourtCR. MISC./32145/2018bail granted

Rajendra Singh v. The State Of Bihar

2018-09-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32145 of 2018 Arising Out of PS.Case No. -102 Year- 2016 Thana -PASRAHA District- KHAGARIA ======================================================

1. Rajendra Singh Son of Sribdhari Singh@ Shivdhari Singh, Resident of Village+P.O.+P.S. Pasraha, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surya Nararyan Poddar For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2018 Heard both sides.

The petitioner seeks bail in Pasraha P.S. Case No.102/2016, registered under Sections 147, 149, 341, 323, 308 and 504 of the Indian Penal Code but later on Section 302 of the Indian Penal Code was added on 11.08.2016 after the death of deceased Mina Devi.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 17.04.2017 passed in Cr. Misc. No.10021 of 2017 with direction that if the trial is not concluded within one year, the petitioner may renew his prayer for bail. More than one year elapsed from the date of last rejection, the trial has not yet been concluded and only four prosecution witnesses have been

Patna High Court Cr.Misc. No.32145 of 2018 (3) dt.05-09-2018 2/2 examined. There is allegation against the petitioner that he gave single blow on the head of Mina Devi, causing her death after one week of the occurrence.

Taking into consideration that on account of land dispute, the occurrence took place and the petitioner is alleged to have given single blow on the head of Mina Devi, who died after one week of occurrence. The petitioner is in jail for about two years, the petitioner above named, is directed to be enlarged 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 Additional Sessions Judge-1st, Khagaria, in connection with Pasraha P.S. Case No.102/2016 corresponding to S. Tr. No.95/2017.

(Prabhat Kumar Jha, J) Amit/- U T