Hemlal Turi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6800 of 2021 Arising Out of PS. Case No.-69 Year-2018 Thana- CHANDRAMANDI District- Jamui ====================================================== HEMLAL TURI SON OF RAM SURAJ TURI RESIDENT OF VILLAGE - CHIHARA, P.S. - CHANDRAMANDI, DISTRICT - JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Advocate For the Opposite Party/s :

:

Mr. Binod Kumar III, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Chandramandi P.S. Case no. 69 of 2018 (Sessions Trial no. 29 of 2020) registered under sections 302 and 34 of the Indian Penal Code and sections 3,4 and 5 of the Explosive Substance Act.

As per allegation in the F.I.R., it is stated by the informant that on hearing the sound of bomb blast, on looking out they saw the nine named accused persons including the petitioner herein running away. On going towards the place where the informant's brother was sleeping, they discovered that his brother had died as a result of injuries sustained in the bomb blast.

Patna High Court CR. MISC. No.6800 of 2021(3) dt.06-07-2021 2/3 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is no eye-witness to the occurrence. General and omnibus allegations have been levelled against him. In spite of his being in custody since 9.12.2019, there is no progress whatsoever in the learned trial court. His case stands of a similar footing to that of co-accused Prem Yadav who has been enlarged on bail vide order dated 13.11.2019 passed in Cr. Misc. no. 64768 of 2019.

The application for bail is opposed by learned A.P.P. for the State.

A report was called for with respect to the stage of trial from the learned trial court. As per the report contained in letter dated 10.6.2021 no prosecution witness out of the 10 charge-sheet witnesses have been examined.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 9.12.2019, grant of bail to co-accused Prem Yadav and there being no progress in the learned Trial Court, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Chandramandi P.S. Case no. 69 of 2018 (Sessions Trial no. 29

Patna High Court CR. MISC. No.6800 of 2021(3) dt.06-07-2021 3/3 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Jamui.

(Partha Sarthy, J) Prakash/- U T