Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.101 of 2012 ====================================================== Sanjay Rai @ Dallu son of Bhawan Rai, resident of village Madhepur, P.S. Bihta, District Patna .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. S.D. Yadav, Advocate For the Opposite Party : Mr. Hriday Pd. Singh, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 5 22-02-2012 Heard learned counsel for the petitioner and the State and perused the report kept at Flag A. Petitioner seeks bail in a case registered for offences punishable under [STATUTE] and later on after the death of the victim, [STATUTE] has been added. Petitioner’s prayer for bail had earlier been rejected twice. On first occasion by order dated 06.10.2009 passed in Criminal Miscellaneous No. 20033 of 2009 and subsequently by the order dated 13.04.2011 passed in Criminal Miscellaneous No. 22076 of 2010. However, at that time a liberty was granted to the petitioner to renew the prayer for bail if the trial is not concluded within six months. It is submitted on behalf of the petitioner that it would appear from the first information report that there was altercation Patna High Court Cr.Misc. No.101 of 2012 (5) dt.22-02-2012 2 between the parties on the issue of plucking mangoes from the tree and the parties had assaulted each other, however, there is allegation against the petitioner that he had fired from his pistol injuring the son of the informant, namely, Jai Prakash, who later on he died. It is also submitted that there was no previous intention or motive for killing the son of the informant rather everything had happened at the spur of moment due to the altercation between the parties, however, the petitioner’s prayer for bail had been rejected. This time the petitioner raised the issue that he has remained in custody since 11.09.2007, i.e., more than about four years and trial has not been concluded. From the order dated 13.04.2011 it appears that at the time of rejection of the bail of the petitioner on the last occasion, four prosecution witnesses had already been examined before 07.10.2010 and from the report kept at Flag A it appears that till date only one more prosecution witness could be examined thereafter. Obviously the trial could not be concluded within the period as per the direction of this Court. It is next submitted by learned counsel for the petitioner that the victim had not died immediately after receiving the injury rather he had died later on after about 17 days due to septicaemia. Learned counsel for the State submitted that there is direct allegation of firing against the petitioner. Patna High Court Cr.Misc. No.101 of 2012 (5) dt.22-02-2012 3 However, in view of the long period of incarceration of the petitioner without completion of trial even after direction of this Court as contained in the order dated 13.04.2011 passed in Criminal Miscellaneous No. 22076 of 2010, I direct the petitioner, Sanjay Rai @ Dallu, to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge Ist, Danapur, in connection with S.Tr. No. 627/09 arising out of Bihta P.S. Case No. 121/07 with a further condition that one of the bailors of the petitioner must be his father. However, it is made clear that since the trial is going on the petitioner would be required to appear on the dates fixed in the court, failing on two consecutive occasions without any sufficient cause shown by him to the satisfaction of the concerned court, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC/- (Dr. Ravi Ranjan, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.