Patna High CourtCR. MISC./14758/2018bail granted

Rabindra Pal v. The State Of Bihar

2018-05-16Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.14758 of 2018 (3) dt.16-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14758 of 2018 Arising Out of PS.Case No. -100 Year- 2014 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Rabindra Pal S/o Late Ramnath Pal, R/o Vill.- Chitandihra, P.S.- Kochas, Distt.- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2018 Heard both sides.

The petitioner seeks bail in Kochas P.S. Case No.100 of 2014 registered under Sections 302 and 34 of the Indian Penal Code, corresponding to Sessions Trial No.179 of 2015. The learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected on 01.07.2015 passed in Cr. Misc. No.7371 of 2015 and on 22.06.2016 passed in Cr. Misc. No.4478 of 2016. By order dated 22.06.2016, the trial court was directed to hold the trial on day to day basis and conclude the same within one year but more than one year nine months have elapsed and five witnesses have been examined by the trial court. It is further submitted that the petitioner is alleged to have assaulted the deceased with stone on his head and Umesh

Patna High Court Cr.Misc. No.14758 of 2018 (3) dt.16-05-2018 Pal, co-accused is alleged to have assaulted the deceased with axe on head. Two injuries were found on the head of the deceased. Umesh Pal, similarly situated co-accused has already been enlarged on bail vide order dated 31.01.2018 passed in Cr. Misc. No.63633 of 2017 by a co-ordinate Bench of this Court. The case of the petitioner stands on same footing. The petitioner is in jail since 14.10.2014.

Considering the facts aforesaid that similarly situated co-accused person has already been enlarged on bail and the trial has not yet been concluded, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IV, Rohtas, Sasaram in connection with Kochas P.S. Case No.100 of 2014(Sessions Trial No.179 of 2015).

(Prabhat Kumar Jha, J) Saurabh/- U T