Patna High CourtCR. MISC./47695/2015bail granted

Ajay Yadav v. The State Of Bihar

2016-01-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47695 of 2015 Arising Out of PS.Case No. -45 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ajay Yadav son of Ramashish Yadav @ Boudhu Yadav Resident of Village - Korai, P.S. - Deep Nagar, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 21.01.2015 and 01.09.2015 passed in Cr. Misc. Nos. 40199 of 2014 and 32341 of 2015 respectively in the light of the observation made in the order dated 21.01.2015. It is submitted that the petitioner is in custody since 30.06.2014, there was no intention to commit murder and as such offence under section 307 I.P.C. is not made out and due to land dispute the occurrence has taken place. It is also submitted that the trial is not likely to be concluded in near future and now the petitioner deserves sympathetic consideration, to which the

Patna High Court Cr.Misc. No.47695 of 2015 (3) dt.27-01-2016 2/2 learned A.P.P. opposes.

In the facts and circumstances as stated above, considering the observation made in the order dated 21.01.2015, now 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 Sri R.K. Dwivedi, J.M. 1st Class, Nalanda at Biharsharif in Deep Nagar P.S. Case No. 45 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T