Turanti Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14824 of 2018 Arising Out of PS.Case No. -442 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ====================================================== Turanti Das S/o late Jago Das, R/o Village- Ghoghanpatti, P.S.- Saur Bazar (Patarghat O.P.), District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Verma For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected vide orders dated 27.06.2016 and 26.07.2017 passed in Cr. Misc. Nos. 17954 of 2016 and 30805 of 2017, on the ground that the petitioner is in custody since 29.01.2016, he is an old man aged about 75 years, the deceased died after 51 days of the occurrence, at best it can be a case under section 304 of the I.P.C. and as such the petitioner deserves sympathetic consideration. The trial has not been concluded within the time given by this Court. By order dated 13.12.2017 two months time was granted to the learned trial Judge but inspite of that the trial has not been concluded and from the report of the

Patna High Court Cr.Misc. No.14824 of 2018 (3) dt.11-04-2018 2/2 learned trial Judge it reveals that in near future the trial is not likely to be concluded. Three prosecution witnesses have been examined and all have turned hostile.

The learned A.P.P. fairly submits that the trial has not been concluded within the time given by this Court. In the facts and circumstances stated above, the petitioner above named, is directed to 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 A.D.J. 1st, Saharsa in connection with Sessions Trial No. 75 of 2016 arising out of Saur Bazar (Patarghat O.P.) P.S. Case No. 442 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T