Binda Singh @ Binda Awadhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12463 of 2018 Arising Out of PS.Case No. -16 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Binda Singh @ Binda Awadhiya Son of Late Ambika Singh, Resident of Village-Nawada Rajokher, P.S.+District-Gopalganj (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 05.07.2017, passed in Cr. Misc. No. 24987 of 2017 with direction to the trial court to conclude the trial within a period of seven months and petitioner was given the liberty that if the trial is not concluded within the aforesaid period, he may renew his prayer for bail.

Submission of learned counsel for the petitioner that uptil now no progress has been made in trial and he has been in custody since 30.06.2016 and name of the petitioner has transpired only on the basis of confession of other accused. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

Patna High Court Cr.Misc. No.12463 of 2018 (2) dt.07-03-2018 2/2 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 16 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall appear before the concerned police station of his area in the first week of each month for a period of one year so that the police may watch his conduct during the aforesaid period.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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