Ram Krishna Patel @ Bhutta Patel @ Ram Krishna Mahto @ Bhutta Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49650 of 2018 Arising Out of PS.Case No. -286 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Ram Krishna Patel @ Bhutta Patel @ Ram Krishna Mahto @ Bhutta Mahto S/o Late Indradeo Patel, R/o Vill.- Suhai Garh, P.S.- Runnisaidpur, DistrictSitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 22.8.2017 passed in Cr.Misc.No. 18231 of 2017 with an observation to conclude the trial within a period of nine months. In this case the petitioner has been made accused on the basis of confessional statement of co-accused. Submission of learned counsel for the petitioner is that nine months period has already expired and trial has not been concluded and petitioner is in custody since 23.3.2013. Heard learned APP also.

From perusal of the report it appears that the case is pending for statement of accused persons under Section 313 Cr.P.C. and one accused Suhag Paswan is detained in Motihari Jail who has not been produced by jail authority and another accused

Patna High Court Cr.Misc. No.49650 of 2018 (3) dt.26-09-2018 2/2 Bhutta Patel is undergoing medial treatment and he has also not been produced by the jail authority in spite of direction given by the court.

Considering the aforesaid facts and circumstances and also considering the fact that petitioner is in custody for five and a half years, let the petitioner, named above, 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 Additional District Judge-I, Sitamarhi, in connection with Sessions Trial No. 62 of 2013, arising out of Runni Saidpur P.S.Case No. 286 of 2012, subject to the conditions that one of the bailors shall be a local person having sufficient immoveable property within the jurisdiction of court concerned and petitioner has to co-operate in disposal of trial and appear in court as and when required, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T