Lotha Gop @ Harendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61573 of 2017 Arising Out of PS.Case No. -621 Year- 2015 Thana -DANAPUR District- PATNA ====================================================== Lotha Gop @ Harendra Rai, son of Krishna Rai, resident of villageTurha Toli Anand Bazar, P.S.- Sahpur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 04.02.2016, has renewed his prayer for bail in connection with Danapur P.S. Case No. 621 of 2015 having earlier been rejected by order dated 16.03.2017 in Criminal Miscellaneous No. 12845 of 2017.

3. Learned counsel for the petitioner submits that in a subsequent development, co-accused Ganesh Sao @ Ganesh Saw, who is said to have fired on the wrist of the informant (deceased), has been granted bail by this Court vide order dated 13.09.2017 in Cr. Misc. No. 41354 of 2017. It is submitted that the petitioner's case stands on better footing as he is said to have fired on the thigh of the informant's daughter-in-law and not upon the deceased.

4. Having regard to the entirety of the facts and circumstances of the case as well as period of custody of the petitioner above named, let him be released on bail on furnishing on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-VII, Danapur, Patna in

Patna High Court Cr.Misc. No.61573 of 2017 (3) dt.04-04-2018 2/2 connection with S. Tr. No. 467 of 2016 arising out of Danapur P.S. Case No. 621 of 2015 with the following conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/- U T