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Patna High CourtCR. MISC./29692/2018bail granted

Prem Ramani @ Prem Rawani v. The State Of Bihar

2018-08-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29692 of 2018 Arising Out of PS.Case No. -158 Year- 2015 Thana -BUNIADGANJ District- GAYA ======================================================

1. Prem Ramani @ Prem Rawani, S/o Late Ramashish Rawani, R/o Vill. - Naudhariya, P.S. - Buniyadganj, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to FIR, the petitioner and others, allegedly, killed to the son of the informant when he had gone to take bath in the Aahar. During investigation, some other person claimed to be eye-witness of the occurrence and stated that the petitioner caught the deceased and threw him into the water resulting in death. Petitioner is in custody since 27.10.2015. Prayer for bail to the petitioner was thrice refused. First on 21.06.2016 with direction to the learned trial Judge to expedite the trial. Again on 10.05.2017 with a direction

Patna High Court Cr.Misc. No.29692 of 2018 (6) dt.28-08-2018 2/2 to the learned trial Judge to expedite the trial and lastly on 24.01.2018 again with a direction to expedite the trial. However, the report of the trial Judge dated 16th August, 2018 reveal that the trial has not concluded as yet, though 4 out of 8 prosecution witnesses have already been examined in this case. Considering the entire facts, especially, period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 167 of 2016/297 of 2016 (S.J.) arising out of Buniyadganj Police Station Case No.

158 of 2015, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T