Pramod Singh @ Sadhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51232 of 2016 Arising Out of PS.Case No. -2 Year- 2007 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Pramod Singh @ Sadhu Singh Son of Suresh Singh Resident of VillageRampur P.S. Suryagarha District Lakhisarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Earlier the prayer for bail of the petitioner was rejected by this Court giving direction to trial court to expedite the trial of the petitioner and try to conclude the same as early as possible preferably within six months from the date of receipt/production of copy of that order and a liberty was given to the petitioner to renew his prayer for bail, if his trial is not

Patna High Court Cr.Misc. No.51232 of 2016 (2) dt.30-11-2016 2/3 concluded within the above stated period but order dated 28.10.2016 passed by Additional Sessions Judge-III, Lakhisarai goes to show that up till now, only one prosecution witness could be examined.

Learned counsel for the petitioner submits that it was co-accused, Mohan Singh who shot fire on the deceased and after that it is alleged that petitioner and co-accused, Sanjay Singh opened fire on the deceased. It is further submitted that coaccused, Mohan Singh and Sanjay Singh have already been granted privilege of bail by this court and so far as petitioner is concerned, earlier his prayer for bail was rejected only because that he could be arrested in this case after eight years of the alleged occurrence.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Lakhisarai in connection with Sessions Trial No. 238 of 2015 arising out of Suryagarha P.S. Case No. 02 of 2007, subject to condition that he shall attend the trial court on each and every date in person for the period of six months or till conclusion of his trial whichever is earlier and if he

Patna High Court Cr.Misc. No.51232 of 2016 (2) dt.30-11-2016 3/3 fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T