Kallu Singh @ Kallu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43214 of 2017 Arising Out of PS.Case No. -222 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ====================================================== Kallu Singh @ Kallu Kumar son of Late Bhaso Singh resident at P.O. & P.S. Mehush District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner wants to renew his prayer for bail which was earlier twice rejected on 12.05.2016 and 22.02.2017 passed in Cr. Misc. Nos. 13377 of 2016 and 5294 of 2017, on the ground that the petitioner is suffering in custody since 03.07.2015, there is no specific allegation against him, the deceased himself was a veteran criminal and he was accused in nine cases. In this case similarly situated co-accused Mukesh Kumar has already been allowed bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 10958 of 2016 and there was direction to conclude the trial within six months but up till now charge has not been framed and as such in near future the trial is not likely to be

Patna High Court Cr.Misc. No.43214 of 2017 (3) dt.20-09-2017 2/2 concluded.

The learned A.P.P. fairly submits that the trial has not been concluded.

In the facts and circumstances stated above, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge, Sheikhpura in connection with Sessions Trial No. 123 of 2016 arising out of Sheikhpura P.S. Case No. 222 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T