Pampu Yadav @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11461 of 2017 Arising Out of PS.Case No. -221 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Pampu Yadav @ Pappu Yadav S/o Late Ambika Yadav, Resident of Village-Satmas, P.S.-Khizarsarai, District-Gaya. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-03-2017 Sri Bhaskar Shankar, learned counsel for the petitioner, at the very outset, submits that some typographical error has occurred in paragraph-1 of the petition. He submits that instead of Section 307, it has been mentioned as 347 of the Indian Penal Code and, as such, he makes a prayer for allowing him to make correction of the same.

The prayer is allowed.

It may be done in course of the day.

Heard learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. This is the third attempt for grant of bail on behalf of the petitioner. The petitioner is in custody since 14.08.2015 in Khijarsarai P.S. Case no.221 of 2015, corresponding to Sessions

Patna High Court Cr.Misc. No.11461 of 2017 (2) dt.15-03-2017 2/3 Trial No. 65 of 2016 registered for the offence under Sections 341, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

It was submitted by learned counsel for the petitioner that the prayer for bail of the petitioner was lastly rejected on 22.06.2016 vide Cr.Misc.No.25161 of 2016. Learned counsel for the petitioner, by way of referring to the statement made in paragraph-11 of the petition, submits that even till date no substantial progress has taken place and charge has not been framed.

Considering the fact that there is no adequate progress in the case before the court below and the offence, for which the petitioner has been made accused, there is no reason to further detain the petitioner. Accordingly, let the petitioner, namely, Pampu Yadav @ Pappu Yadav 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 learned Addl. Sessions Judge-IX, Gaya in connection with S.Tr.No.65 of 2016 arising out of Khijarsarai P.S. Case No.221 of 2015 with conditions that (i) one of the bailors must be blood relation of the petitioner and (ii) during trial, the petitioner shall remain physically present before the court below on each and every date.

Patna High Court Cr.Misc. No.11461 of 2017 (2) dt.15-03-2017 3/3 If continuously on two dates without prior permission of the trial court, the petitioner remains absent, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) NKS/- U T