Patna High CourtCR. MISC./13980/2016bail granted

Vijay Kumar Yadav v. The State Of Bihar Through Vigilance

2016-08-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13980 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================

1. Vijay Kumar Yadav Son of Late Lateshwar Yadeav, Resident of villageKhutsha, P.S.- Lodipur, District- Bhagalpur, at present A.S.I. Khusrupur Police Station, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Rama Kant Sharma(L.O,I/C Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier, the prayer for bail of the petitioner was rejected vide order dated 10.12.2015 passed in Cr. Misc. No. 55004 of 2015 but submission on behalf of the petitioner is that petitioner is in jail custody since 07.08.2015 and up till now, only one prosecution witness could be examined.

Learned trial court vide his letter no.86 dated 25.05.2016 has reported that out of twelve proposed prosecution witnesses, up till now, only one prosecution witness could be examined and, furthermore, the trail court has sought for one year time for conclusion of trial of the petitioner.

Patna High Court Cr.Misc. No.13980 of 2016 (3) dt.03-08-2016 2/2 Considering the aforesaid report of learned court below as well as facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance 1st ,Patna. in connection with Special Case No. 37 of 2015, arising out of Vigilance P.S.Case No. 63 of 2015, subject to the condition that petitioner shall attend the trial court on each and every date for the period of six months or till conclusion of his trial, whichever is earlier, and if he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after due and proper inquiry (Hemant Kumar Srivastava, J) N.K/- U T