Patna High CourtCR. MISC./52138/2015bail granted

Arun Yadav @ Bara Babu @ Barun Babu v. The State Of Bihar

2015-12-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52138 of 2015 Arising Out of PS.Case No. -107 Year- 2014 Thana -KOTWALI District- MUNGER ======================================================

1. ARUN YADAV @ BARA BABU @ BARUN BABU son of Fekan Yadav@ Fuleshwar Yadav, resident of Mohalla- Lal Darwaja, P.S.- Kotwali (Munger), District- Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Arvind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for bail in connection with Kotwali (Munger) P.S.Case No. 107 of 2014 registered for the offences punishable under Sections 25(1-B) (a) and 26 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected vide order dated 26.11.2014 passed in Cr.Misc.No. 42705 of 2014 with following observations:- "Since the petitioner is in custody, the learned Judicial Magistrate-1st Class, Munger, before whom the matter is pending, is directed to hold the trial on day-to-day basis and conclude the same as early as possible preferably within nine months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty

Patna High Court Cr.Misc. No.52138 of 2015 (2) dt.09-12-2015 2/2 to renew his prayer for bail."

It is contended that the petitioner is in custody since 26th March 2014. Till date, only three out of the five witnesses could be examined on behalf of the prosecution. The last witness was examined in this case on 1st July 2015 and, thereafter, despite several adjournments, the witnesses are not turning up. Regard being had to the facts and circumstances of the case, the petitioner named above is directed to be released 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 the learned Sub-Judge-cum- A.C.J.M. III, Munger in connection with Kotwali (Munger) P.S. Case No. 107 of 2014.

(Ashwani Kumar Singh, J) Pradeep/- U T