Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44964 of 2013 ====================================================== Sunil Yadav S/O Surya Narayan Yadav Resident Of Village- Fatehpur, P.S.- Sonbarsa, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 02-09-2015 Petitioner has renewed his prayer for bail in a case initially registered for the offences punishable under Sections 307, 506 of the Indian Penal Code and 27 of the Arms Act. Subsequently, section 302 IPC was also added. The fard-beyan is the statement of the victim is that the petitioner caused firearm injury to the informant Raj Kumar Mukhiya, who subsequently succumbed to the injuries. It is submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 26.08.2011 and there was dispute with regard to cutting of the branches of the tree alleged to have been fallen in the area of the

Patna High Court Cr.Misc. No.44964 of 2013 (04) dt.02-09-2015 2/3 informant. It is further submitted that out of fourteen chargesheeted witnesses nine have been examined and the last witness P.W. 9 Rekha Kumari has been examined on 30.01.2014 and still five witnesses are left to be examined. This fact gets reflected from the report of learned 1st Additional Sessions Judge, Saharsa dated 01.10.2014. It is further submitted that out of nine witnesses seven have gone hostile and there is no likelihood of trial being concluded and in the background of civil nature of dispute the accusation has been levelled.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Learned APP after going through the records does not controvert the contention of the learned counsel for thepetitioner.

Considering the fact that petitioner is languishing in custody since more than four years and the trial is not likelihood to be concluded, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Saharsa in connection with Sessions Trail No. 276 of 2011 arising out of Sonbarsa Raj (Kash Nagar O.P.) P.S. Case No. 70 of 2011.

Patna High Court Cr.Misc. No.44964 of 2013 (04) dt.02-09-2015 3/3 The learned trial court will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) DKS/- U T