Lallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3338 of 2016 Arising Out of PS.Case No. -174 Year- 2014 Thana -SAHAR District- BHOJPUR ====================================================== Lallu Singh, son of late Manan Singh, Resident of Village- Inrukhi, Police Station- Sahar, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27-01-2016 Heard both sides.

This is the second attempt of the petitioner to seek bail in Sahar P.S. case no. 174 of 2014, registered under Sections 364, 302 and 201/34 of the IPC.

Vide order dated 22.06.2015 passed in Cr. Misc. no. 14817 of 2015, this court while rejecting the prayer for bail of the petitioner observed as under:

"If no substantial progress in the case is made within six months from the date of receipt/communication of a copy of this order, the petitioners shall have liberty to renew their prayer for bail."

A supplementary affidavit has been filed enclosing the order dated 12.01.2016 passed by the learned Additional District and Sessions Judge, Bhojpur at Arrah in Sessions Trial no. 210 of 2015. It appears that on 12.01.2016, the charges have been

Patna High Court Cr.Misc. No.3338 of 2016 (2) dt.27-01-2016 2/3 framed.

Contention of the petitioner is that no substantial progress has been made in this case and as such he deserves bail. It is also stated that he is in custody since 19.11.2014. Learned APP for the State, on the other hand, opposed the prayer.

Considering the facts and circumstances of the case, this Court, while declining the prayer made in this application, dispose of the application by the following order:- Let the trial Court in seisin of the matter endeavour to examine all material prosecution witnesses within four months from the date of receipt/ production of a copy of this order, failing which the petitioner, named above, shall 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 learned A.D.J. 3rd Bhojpur at Ara in connection with Sessions Trial no. 210 of 2015, arising out of Sahar P.S. case no. 174 of 2014, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) In the event of grant of bail, he shall regularly attend the Court in person. In case

Patna High Court Cr.Misc. No.3338 of 2016 (2) dt.27-01-2016 3/3 of default in doing so on two consecutive dates the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

Shyam/- (Kishore Kumar Mandal, J) U T