Patna High CourtCR. MISC./52597/2015bail granted

Manoj Yadav v. The State Of Bihar

2015-12-10Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52597 of 2015 Arising Out of PS.Case No. -179 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== Manoj Yadav Son of Late Ram Chandra Yadav resident of Village Kasaha, P.S. Barauni (Chakiya O.P.), District Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-12-2015 Heard Sri Sabal Kumar Jha, learned counsel, who was assisted by Sri Raj Kumar Sinha, learned counsel for the petitioner and Mr. Md. Fahimuddin, learned A.P.P.

The petitioner, who is in custody since 20.5.2015 in connection with Barauni (Chakiya) P.S. Case No. 179 of 2015 registered for the offence punishable under Section 25(1-B)A/ 26 of the Arms Act, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that despite the fact that petitioner is in custody since May 2015, till date, no appropriate progress has taken place in the case. Learned A.P.P. has opposed the prayer of bail. He submits that petitioner besides the present case is accused in altogether five other cases.

Patna High Court Cr.Misc. No.52597 of 2015 (3) dt.10-12-2015 2/2 Be that as it may, keeping in view the fact that petitioner is in custody since 20.5.2015 and no adequate progress has taken place before court below, there is no reason to further detain the petitioner.

Let the petitioner Manoj Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, District- Begusarai in connection with Barauni (Chakiya ) P.S. Case No. 179 of 2015 with a condition that one of the bailors must be blood relation of the petitioner and secondly during the trial the petitioner shall remain physically present in court. If continuously on two dates without prior permission of the trial court petitioner fails to appear, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) Praful/- U T