Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59141 of 2021 Arising Out of PS. Case No.-300 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== ROHIT KUMAR, Son of Vijay Jaiswal, Resident of Ward No. 2 Chanpatiya, P.S. - Chanpatia, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-10-2021 Heard the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he gave a blow with a screw driver at the neck of his uncle Sanjay Jaiswal as a result whereof Sanjay Jaiswal died subsequently. Petitioner is in custody since 08.11.2019.

In the past, prayer for bail was refused on 17.12.2020 with liberty to the petitioner to renew the prayer if the trial is not concluded within a period of nine months from the date of production of a copy of that order.

The report dated 15.09.2021 of the learned court below

Patna High Court CR. MISC. No.59141 of 2021(2) dt.27-10-2021 2/2 would reveal that charges have been framed and summons have been issued to the prosecution witnesses.

Considering the period already undergone by the petitioner and the fact that there is no chance of early conclusion of the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees 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 S.T. No. 112 of 2021 arising out of Chanpatiya Police Station Case No. 300 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T