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Patna High CourtCR. MISC./57318/2022allowed

Deo Narain Ram v. The State Of Bihar

2022-12-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57318 of 2022 Arising Out of PS. Case No.-232 Year-2016 Thana- KATEYA District- Gopalganj ====================================================== DEO NARAIN RAM S/O LATE BRIJHAN RAM Resident of villageNeharuya Khurd, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2022 Heard both sides.

Earlier the prayer for bail of the petitioner was thrice rejected by this Court as well as by a co-ordinate Bench of this Court. Vide order dated 02.03.2022, passed in Cr. Misc. No.72463 of 2021, the prayer for bail of the petitioner was rejected with a direction to the trial court to conclude the trial as expeditiously as possible and preferably within a period of six months.

Vide order dated 09.11.2022, report was called for from the learned court below regarding present status of the case and the time likely to be taken in conclusion of the trial in connection with Kateya P.S. Case No.232 of 2016, giving rise to Sessions Trial No.602 of 2018.

Perused the report sent by learned Additional Sessions

Patna High Court CR. MISC. No.57318 of 2022(3) dt.07-12-2022 2/3 Judge-I, Gopalganj at Flag 'A'.

It is reported that the trial may be concluded within six months.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 11.04.2018. Taking into consideration the the period of custody, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, S.C./S.T., Gopalganj in connection with Kateya P.S. Case No.232 of 2016, giving rise to Sessions Trial No.602 of 2018, subject to the following conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates, his bail bonds shall be liable to be cancelled.

Patna High Court CR. MISC. No.57318 of 2022(3) dt.07-12-2022 3/3

(3) That the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(4) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(Anjani Kumar Sharan, J) Sanjay/- U T