Patna High CourtCR. MISC./32668/2015bail granted

Nepali Yadav v. The State Of Bihar

2015-07-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32668 of 2015 Arising Out of PS.Case No. -95 Year- 2014 Thana -KOCH District- GAYA ====================================================== Nepali Yadav, son of Modan Yadav, resident of village-Tarari tola, Gopalpur, P.S.-Konch, District-Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. R. P.S. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Trial No. 2282 of 2015 arising out of Konch P.S. Case No. 95 of 2014 registered under Sections 379 and 411 read with 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 24.11.2014 passed in Cr. Misc. No. 42438 of 2014 with following observations:- "Since the petitioner is in custody, learned Chief Judicial Magistrate, Gaya is directed to hold the trial on day-to-day basis and conclude the same as early as possible, preferably within seven months

Patna High Court Cr.Misc. No.32668 of 2015 (2) dt.22-07-2015 2 / 2 from the date of receipt/production of the copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail."

It is contended that till date only one witness on behalf of the prosecution has been examined during trial. The petitioner is stated to be in custody since 07.07.2014. Regard being had to the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya in T.R. No. 2282 of 2015 arising out of Konch P.S. Case No. 95 of 2014.

(Ashwani Kumar Singh, J.) Sanjeet/- U T