Subodh Ray And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2099 of 2016 Arising Out of PS.Case No. -21 Year- 2009 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Subodh Ray son of Baliram Ray

2. Sudhir Ray son of Baliram Ray Both R/o Village- Gang Sargati, P.S.- Khaira, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Abhay Kumar Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 26-07-2010 in a case registered under Section-302 & other minor sections of the Indian Penal Code.

Earlier prayer for bail of petitioners was twice rejected by this court but submission on behalf of the petitioners is that charges against petitioners were framed on 08-02-2013 but uptill now, the trial of the petitioners could not be concluded. It is further contended by him that according to prosecution case itself, the alleged occurrence took place on 01-02-2009 whereas; the deceased died on 16-06-2009 i.e. after more than 5 months of the alleged occurrence.

Patna High Court Cr.Misc. No.2099 of 2016 (2) dt.27-01-2016 2/2 Considering the above-said facts and circumstances as well as period of detention of the petitioners in jail custody, particularly, taking note of this fact that petitioners do not have any criminal antecedent and except police official as well as the doctor, almost all the prosecution witnesses have already been examined, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Chapra Muffasil P.S. Case No. 21 of 2009 corresponding to Sessions Trial No.

861 of 2010 to the satisfaction of learned Additional District & Sessions Judge-VIII, Saran at Chapra subject to condition that petitioners shall attend the trial court, in person on each and every date for a period of six months or till conclusion of his trial, whichever is earlier and if, they to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. (Hemant Kumar Srivastava, J) A.K.V.