Lalu Rai @ Lallu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2235 of 2024 Arising Out of PS. Case No.-130 Year-2018 Thana- DIGHA District- Patna ====================================================== Lalu Rai @ Lallu Rai S/O Late Dwarika Rai R/O- Digha Pati Pul, Ps. Digha, Dist. Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr. Manaur Alam, Adv For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The present petition has been filed to renew the prayer for grant of bail to the petitioner which was earlier four times rejected vide orders dated 18.09.2018, 03.07.2019, 24.03.2021, 10.08.2022 passed in Cr. Misc. Nos. 50890 of 2018, 9790 of 2019, 35215 of 2020 and Cr. Misc. No. 12848 of 2022 respectively.

The prosecution case in brief is that in course

2/4 of going to Digha Haat for purchase of vegetable, father of the informant was shot dead by all the F.I.R named accused persons including the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is agnate of the informant and in the background of land dispute, the present accusation has been levelled against the petitioner. The petitioner is languishing in custody since 11.04.2018. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 15.12.2021 passed in Cr. Misc. No. 64503 of 2021.

It appears that while rejecting the prayer for bail of the petitioner vide order dated 18.09.2018, the Trial Court was directed to expedite the trial. Thereafter, vide order dated 03.07.2019, the prayer for bail of the petitioner was rejected with a direction to the learned Court below to conclude the trial within

3/4 a period of six months. Again vide order dated 24.03.2021, the prayer for bail of the petitioner was rejected with a direction to the learned Trial Court to conclude the trial within nine months. Lastly vide order dated 10.08.2022, the prayer for bail of the petitioner was again rejected with a direction to the learned Trial Court to conclude the trial within a period of eight months.

It is submitted by learned counsel for the petitioner that trial has still not been concluded with regard to the petitioner which suggests that trial is not likely to be concluded in near future.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Patna in connection with Sessions Trial No. 523/2018, arising out of Digha P.S. Case No.

4/4 130 of 2018.

(Sunil Kumar Panwar, J) Shageer/- U T