Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53290 of 2017 Arising Out of PS.Case No. -50 Year- 2015 Thana -AJIMABAD District- BHOJPUR ====================================================== Awadhesh Singh S/o Late Jag Narain Singh (In FIR wrongly written as Lakshman Singh), R/o Village- Badgaon, P.S.- Azimabad, DistrictBhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Adv. For the Opposite Party/s : Mr. Sri Ahmad Ali, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner aged about 70 years is in custody since 16.09.2016. Petitioner alongwith two others allegedly fired at the father of the informant, as a result whereof, he died. Earlier prayer for bail was refused on 21.02.2017 in Cr.Misc. No. 7690 of 2017 vide Annexure-1 and the Trial Court was directed to expedite the trial.

Submission is that the trial has not concluded and there is no chance of conclusion of the trial in near future, as simply commitment of the trial to the court of sessions has been made up-

Patna High Court Cr.Misc. No.53290 of 2017 (4) dt.17-01-2018 till-now.

Considering the aforesaid facts especially the fact that the period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Azimabad Police Station Case No.50 of 2015, Tr.No.1966 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T