Lal Babu Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63122 of 2021 Arising Out of PS. Case No.-218 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== LAL BABU BAITHA, Son of Angad Baitha Resident of Village- Saraiya, P.S.- Durgawati, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Sections 302, 201, 34, 396, 412, 120B of the Indian Penal Code.

The learned counsel for the petitioner submits that earlier the bail of the petitioner was rejected by order dated 25.01.2021 passed in Cr. Misc. No. 22731 of 2021. The learned counsel for the petitioner further submits that the bail of coaccused Amit Singh @ Dhiru Dada was also rejected by order dated 06.03.2021 passed in Cr. Misc. No. 77117 of 2019 whose name transpired in the confessional statement of the present petitioner, the learned counsel submits that said Amit Singh @ Dhiru Dada was subsequently granted bail by order dated

Patna High Court CR. MISC. No.63122 of 2021(3) dt.29-03-2022 2/3 01.10.2021 passed in Cr. Misc. No. 17974 of 2021. The learned counsel thus submits that since Amit Singh has been granted bail and his name had transpired in the confessional statement of this petitioner, as such, the petitioner also deserved to be enlarged on bail more so when by order order dated 25.01.2021 in Cr. Misc. No.22731 of 2020, this Court while rejecting the bail application of the petitioner had directed the learned Court below to expedite the trial and to conclude the same within a period of nine months but the trial till date had not concluded and few witnesses have been examined.

Considering the fact the petitioner is in custody since 09.09.2019 and co-accused, Amit Singh, has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 303, arising out of Durgawati P.S. Case No. 281 of 2019, with a condition that one of the bailor shall be the father of the petitioner (Angad Baitha).

Further, the petitioner will appear on each and every date in the trial and in the event if the petitioner on any date

Patna High Court CR. MISC. No.63122 of 2021(3) dt.29-03-2022 3/3 fixed in the trial does not appear without any plausible explanation, the learned Court below shall forthwith cancel his bail-bond.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T