Shyam Shundar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37384 of 2014 Arising Out of PS.Case No. -40 Year- 2012 Thana -MOKAMAH District- PATNA ====================================================== Shyam Shundar Yadav, son of Lutan Yadav, resident of Kanahipur ( Gahil Asthan), P.S. Mokama, District- Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
18-03-2015 Heard Sri Sunil Kumar Pathak, learned counsel, who was assisted by Sri Arjun Prasad, learned counsel for the petitioner and Sri Sanjay Kumar, learned Addl. Public Prosecutor. This is the second attempt for grant of bail on behalf of the petitioner in connection with S.Tr.No.1393 of 2012 arising out of Mokama P.S. Case No.40 of 2012 registered for the offence under Sections 323, 341, 342, 307, 387, 506/34 of the Indian Penal Code. Earlier, the prayer for bail was rejected on 03.10.2013 vide Cr.Misc.No.29755 of 2013. The prayer for bail was primarily rejected on the ground that the trial had already commenced and the petitioner was accused in number of serious cases. In this case, by order dated 17.09.2014, a report was called for from the court below regarding stage of the case, which has been received and kept at Flag-A. On perusal of the report, it
Patna High Court Cr.Misc. No.37384 of 2014 (3) dt.18-03-2015 2/2 appears that for securing attendance of the informant, learned trial court has issued warrant of arrest. The Investigating Officer has also not been examined.
Keeping in view the fact that for securing appearance of the informant, warrant of arrest was required to be issued, which suggests that the informant himself is not interested in early conclusion of the trial as well as the fact that the petitioner is in custody since long, let the petitioner, Shyam Sundar Yadav be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Adhoc ADJ-I, Barh ( Patna) in connection with S.Tr.No.1393 of 2012 arising out of Mokama P.S. Case No.40 of 2012 on conditions that (i) one of the bailors must be blood relation of the petitioner and (ii) during trial, the petitioner shall remain physically present in court on each and every date. If continuously on two dates, he remains absent without prior permission of the trial court, his bail bond shall stand automatically cancelled.
(Rakesh Kumar, J) NKS/- U