Patna High CourtCR. MISC./17304/2017bail granted

Bipin Yadav v. The State Of Bihar

2017-04-26Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17304 of 2017 Arising Out of PS.Case No. -97 Year- 2015 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ====================================================== Bipin Yadav, Son of Late Mahendra Yadav, Resident of Village- Isua Tola Paschim Beldaria, P.S. Sarmera, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Zakia Ozair For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2017 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 24.06.2016 passed in Cr. Misc. No. 18025 of 2016, on the ground that the petitioner is suffering in custody since 21.11.2015, the informant in further statement has given different story and there is no specific allegation against the petitioner, the petitioner was given liberty to renew his prayer for bail if the trial is not concluded within nine months and up till now only one prosecution witness has been examined and as such the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.17304 of 2017 (2) dt.26-04-2017 2/2 The learned A.P.P. fairly submits that the trial has not been concluded within the time given by this Court. In the facts and circumstances as stated above, 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 A.D.J-III, Bihar Sharif, Nalanda in S.T. No. 597 of 2016 arising out of Sarmera P.S. Case No. 97 of 2015, 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