Chhabila Yadav @ Chhabiya Yadav @ Chhabilal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56154 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -MARKAHI District- KHAGARIA ======================================================

1. Chhabila Yadav @ Chhabiya Yadav @ Chhabilal Yadav Son of Late Tikuli Yadav @ Dashrath Yadav, Resident of Village - Amni, P.S. - Mansi, District - Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 03.03.2015 in Cr. Misc. No. 46761 of 2014 on the ground that the petitioner is suffering in custody since 19.05.2014 and up till now only two prosecution witnesses have been examined out of 13 witnesses which is evident from the report of the learned court below. The case of the petitioner is pending in the vacant court and in near future the trial is not likely to be concluded. The prayer for bail of the petitioner was earlier rejected only on the ground of his criminal antecedent, in some of those cases he has been acquitted and in all the cases he

Patna High Court Cr.Misc. No.56154 of 2015 (3) dt.15-03-2016 2/2 is on bail.

The learned A.P.P. considering detention of the petitioner does not oppose prayer for bail.

In the facts and circumstances as stated above, 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 Ramayan Ram, S.D.J.M. Khagaria in Morkahi P.S. Case No. 38 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