Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47740 of 2015 Arising Out of PS.Case No. -140 Year- 2013 Thana -SABAUR District- BHAGALPUR ======================================================
1. Santosh Yadav Son of Naresh Yadav Resident of Village - Lalkha (Mansarpur) P.s Sabour Distric Bhalgalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Sharan For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has renewed his prayer for bail in connection with Sessions Trial No. 27 of 2014 arising out of Sabour P.S. Case No. 140 of 2013 registered for the offences punishable under Sections 302 read with 34 of the Indian Penal Code and 27 of the Arms Act.
The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 18.07.2014 passed in Cr.Misc. No. 18094 of 2014 with an observation that if the trial is not concluded within one year the petitioner would be at liberty to renew his prayer for bail.
It is contended that the trial is still going on and
Patna High Court Cr.Misc. No.47740 of 2015 (3) dt.02-12-2015 2/2 several witnesses are yet to be examined on behalf of the prosecution. Furthermore, co-accused Naresh Yadav whose case is identically situated to that of the petitioner has already been granted bail by a coordinate Bench of this Court by order dated 13.04.2015 passed in Cr.Misc. No. 6830 of 2015. Learned counsel for the State has opposed the application for bail.
Regard being had to the inordinate delay caused in conclusion of the trial and the fact that the co-accused Naresh Yadav has already been granted bail by a Bench of this Court, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1, Bhagalpur in connection with Sessions Trial No. 27 of 2014 arising out of Sabour P.S. Case No. 140 of 2013, subject to the condition that one of the sureties must be a Government servant/elected people's representative of Panchayat/Municipality and the other one shall be a close relative. (Ashwani Kumar Singh, J) Pradeep/- U T