Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48136 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== ASHOK SINGH Son of Bharat Singh @ Bharat Choudhary Resident of Village - Malipokhar, Bhina, P.S. and Dist.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-09-2019 Heard the learned counsel for the petitioner and the State.

The prayer for bail of the petitioner was earlier rejected vide order dated 04.12.2018 with an observation that if the trial is not concluded within six months, the petitioner could renew his prayer for bail. The petitioner seeks bail in connection with Sheohar P.S. Case No. 111 of 2018 dated 30.05.2018 instituted for the offences under Sections 341, 323, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is said to have fired from his

Patna High Court CR. MISC. No.48136 of 2019(3) dt.25-09-2019 2/3 weapon hitting the victim in his under-belly. The injuries are opined to be simple in nature.

The petitioner is in custody since 14.06.2018. It appears that on the last occasion, by order dated 07.08.2019, a report had been called for about the stage of the case and the likely time which could be taken for concluding the trial. The report has since been received and kept at flag - 'A'. The report indicates that three months time is likely to be taken in the disposal of the case. The report is dated 14.08.2019.

Since a liberty was granted in the first occasion to renew the prayer for bail after six months if the trial is not concluded, this Court is inclined to grant bail to the petitioner.

Considering the aforestated facts, the petitioner above named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.48136 of 2019(3) dt.25-09-2019 3/3 Sheohar in connection with Sheohar P.S. Case No. 111 of 2018.

Needless to state that this order would be implemented if the trial has not yet been concluded. If the trial has not been concluded and the petitioner is granted bail, the trial court shall ensure that the petitioner participates in the trial and in the event of his absenting himself from the proceedings of the trial for two consecutive occasions without a reasonable cause, the court below shall proceed for cancellation of his bail. (Ashutosh Kumar, J) krishna/- U T