Jagarnath Yadav @ Mishraji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55541 of 2017 Arising Out of PS. Case No.-76 Year-2014 Thana- LAXMIPUR District- Jamui ====================================================== Jagarnath Yadav @ Mishraji, Son of Hero Yadav, Resident of VillageKathbajra, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

DR. RABINDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 379, 387, 307, 506/34 of the I.P.C.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that there was specific allegation against the petitioner in respect to offence under Section 387 of the I.P.C. The trial court was directed to conclude the trial preferably within a period of six months from the date of receipt of the order. The District Magistrate, Jamui and the Superintendent of Police, Jamui were also directed to ensure that the witnesses are produced on the date fixed by the trial court.

Patna High Court Cr.Misc. No.55541 of 2017(3) dt.28-02-2018 2/2 A report was called for regarding the stage of the trial from the trial court. It has been reported that only one witness has been examined till date.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.07.2015. The petitioner is not named in the F.I.R. His name has come in course of investigation. So far offence under Section 387 of the I.P.C. is concerned, same is triable by the Magistrate. It has further been submitted that none is said to have been injured in course of occurrence. Hence, no offence under Section 307 of the I.P.C. is attracted in the present case.

On behalf of the State, it is submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 2nd, Jamui in connection with Sessions Trial No.27 of 2016 arising out of Laxmipur P.S. case No.76 of 2014. Narendra/- (Sudhir Singh, J) U T