Ram Janam Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.50478 of 2014 (4) dt.31-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50478 of 2014 Arising Out of PS.Case No. -49 Year- 2010 Thana -PANDARAK District- PATNA ======================================================

1. Ram Janam Yadav Son of Kameshwar Yadav @ Saryug Yadav Resident of village- Lemuabad Sonu Tola, Police Station- Pandarak, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s Mr. Zainul Abedin (App) For the informant Mr. Premchandra Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 31.03.2015 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioner is in jail custody since 17.1.2014 in a case registered under section 364/34 of the Indian Penal Code. Informant is not eye-witness of alleged occurrence and she named the petitioner and some others on the basis of information gathered before institution of the present case. In course of investigation, not a single witness came forward to claim himself to be eye-witness of the alleged occurrence. Moreover, having similar allegation some co-accused persons have already been admitted to anticipatory bail by this court whereas the petitioner is in jail custody since long.

It appears that except the aforesaid materials as well as

Patna High Court Cr.Misc. No.50478 of 2014 (4) dt.31-03-2015 criminal antecedent of the petitioner, there is noting against him. Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge VI, Barh, Patna in Sessions Trial no. 610/2014 arising out of Pandarak P.S. Case no. 49/2010 subject to the condition that petitioner shall attend the learned trial court in person on each and every date for the period of one year or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

It is made clear that the aforesaid condition shall not apply to the petitioner, if at the relevant time, he is detained in custody in connection with other case.

shahid (Hemant Kumar Srivastava,J) U T