Bharat Kumar Yadav @ Bharat Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12995 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Bharat Kumar Yadav @ Bharat Yadav S/o- Late Vijay Yadav Village- Nathuni Ka Bag Ps- Dumraon Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the state.
2. The instance application for regular bail has been filed by the petitioner in connection with Sessions Trial No. 295 of 2023 arising out of Brahmpur (Krishna Braham) P.S. Case No. 10/2023 instituted for the offence u/s 394 of the Indian Penal Code.
3. Earlier the application for regular bail of the petitioner was rejected by this Court vide order dated 2.8.2023 passed in Cr. Misc. No. 25388 of 2023 with a direction to expedite the trial.
4. In pursuance to the direction of this Court, a report dt. 1.3.2024 with regard to the present stage of trial has been received by which it appears that only two witnesses have been
Patna High Court CR. MISC. No.12995 of 2024(3) dt.15-05-2024 2/3 examined out of thirteen witnesses and the trial is likely to be concluded within one year.
5. It is submitted by learned counsel for the petitioner that the trial has not been concluded as yet and there is no hope to conclude the same in near future. Charge has already been famed against the petitioner. The petitioner is languishing in judicial custody since 10.1.2023. It is further submitted that other co-accused Vishwas Mali has been enlarged on bail by this Court vide order dt. 6.12.2023 passed in Cr. Misc. No. 77670 of 2023.
6. Considering the custody of the petitioner as well as framing of charge, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Brahampur P.S. Case No. 10 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Buxar with subject to following conditions:- i) the petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.12995 of 2024(3) dt.15-05-2024 3/3 (ii) In case, the petitioner tempers with the evidence, his bail bonds shall be cancelled by the Court below. (Sunil Kumar Panwar, J) amandeep/- U T