Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48725 of 2017 Arising Out of PS.Case No. -235 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Bipin Singh, S/o Sri Chunchun Singh, R/o Village- Lodiya, P.S.- Lakhisarai, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Murari Mishra For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-11-2017 Heard learned counsels for the petitioner and the State. Petitioner, already in custody, seeks bail in connection with Sessions Trial No. 61 of 2017, arising out of Lakhisarai P.S.Case No.235 of 2016, G.R. No. 649 of 2016, registered under Sections 302/201/120B of the Indian penal Code. Petitioner moves this bail application second time after its rejection on 08.03.2017 with a direction to expedite the trial and conclude the same within six months, as earlier in another bail application filed on behalf of a co-accused, there was direction to conclude it within nine months. The report of the trial court shows that in the case still charge has not been framed. Allegation, in brief, is that informant's younger brother

Patna High Court Cr.Misc. No.48725 of 2017 (4) dt.15-11-2017 2/3 was called by the accused persons and went somewhere else but thereafter informant's brother did not return back and on the next day, his dead body was recovered.

Learned counsel for the petitioner submits that there is only allegation of last seen with the deceased and the witnesses have stated that six persons assaulted the deceased with lathi, danda and rod causing injury to him and he succumbed to the injury but post-mortem report shows only one fatal injury on the head and rest two injuries are on the shoulder and other parts of the body and this petitioner is a Manager in Munger-Jamui Cooperative Bank at Lakhisarai Branch and earlier a direction was given to expedite the trial, while rejecting his prayer for bail, but the trial has not yet started and he has been in custody only few days short to one year.

Having considered the aforesaid facts and circumstances, the petitioner, namely , Bipin Singh, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st, Lakhisarai in connection with Sessions Trial No. 61 of 2017 arising out of Lakhisarai P.S.Case No. 235 of 2016, with condition that one of the bailors must be his own family member preferably the father,

Patna High Court Cr.Misc. No.48725 of 2017 (4) dt.15-11-2017 3/3 and if he fails to appear in the trial court on two consecutive dates, without any reasonable cause, his bail bond shall be liable to be cancelled.

(Arun Kumar, J) Sujit/- U T