Patna High CourtCR. MISC./23205/2015bail granted

Sukan Yadav v. The State Of Bihar

2016-02-17Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.23205 of 2015 (8) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23205 of 2015 Arising Out of PS.Case No. -244 Year- 2012 Thana -BODHGAYA District- GAYA ======================================================

1. Sukan Yadav Son of Late Kameshwar Yadav Resident of village - Simariya, P.S. Cherki ( Bodhgaya ), District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08/ 17.02.2016 Heard learned counsel for the petitioner as well as learned Special Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was twice rejected but trial court was directed to conclude the trial of the petitioner within certain period and on failure to conclude the trial of the petitioner, liberty was given to the petitioner to renew his prayer for bail and accordingly, petitioner has filed this bail petition. Learned counsel for the petitioner submits that up till now, only three prosecution witnesses could be examined and moreover, in course of trial, informant did not name the petitioner rather, specifically, stated that he did not find the petitioner on the place of occurrence.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, taking into consideration that petitioner is in jail custody for near about four years and his trial could

Patna High Court Cr.Misc. No.23205 of 2015 (8) dt.17-02-2016 not be concluded by the trial court in spite of specific direction of this court, let the petitioner 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 I-cum- Special Judge, (SC/ ST Act) Gaya in S.C.S.T. trial no. 104/2013 arising out of Bodhgaya P.S. Case no. 244/2012.

shahid (Hemant Kumar Srivastava,J) U T