Dara Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31278 of 2017 Arising Out of PS.Case No. -175 Year- 2015 Thana -DAUDPUR District- SARAN ======================================================

1. Dara Singh Son of Gariba Singh Resident of Village-Bangara, P.S.- Daudpur, District-Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with S.Tr.No.371/2016 arising out of Daudpur P.S. Case No.175 of 2015 instituted for the offence under Section(s)341, 326, 307/34 of the Indian Penal Code. The allegation against the petitioner is that he fired on informant causing injury on his left chick and other part of body. Counsel for the petitioner has submitted that petitioner is accused in a case for the offence under Section 307, 34 I.P.C. and 27 of the Arms Act. Prayer for bail was earlier rejected by cordinate Bench on 01.06.2016 with liberty to renew the prayer if the trial is not concluded within a period of one year. The report has been called for from the Court below wherein it is mentioned that after framing of charge in the case, the case is pending for evidence. The N.B.W. has

Patna High Court Cr.Misc. No.31278 of 2017 (5) dt.04-09-2017 2/2 been issued against the witnesses. The Court below has submitted that six months further time is likely to be taken in conclusion of the trial. The petitioner is already in custody since 01.06.2016, i.e., almost more than one year.

In such circumstances, keeping in view the period of custody of the petitioner for more than one year and also trial is not likely to be concluded within short period, as per report of the lower Court, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 8th Addl. Sessions Judge, Saran at Chapra in connection with S.Tr.No.371/2016 arising out of Daudpur P.S. Case No.175 of 2015, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioner will cooperate in the trial and will be present on each and every date fixed by the Court and in the event of absence of petitioner on two consecutive dates without proper reason, his bail bond will be cancelled.

(Sanjay Priya, J) Sanjeev/- U T