Patna High CourtCR. MISC./60879/2017bail granted

Sanjay Yadav v. The State Of Bihar

2018-02-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60879 of 2017 Arising Out of PS. Case No.-77 Year-2005 Thana- KHIJARSARAI District- Gaya ====================================================== Sanjay Yadav, S/o Sri Ramjee Yadav, Resident of Village-Sheikh Bigha, P.s.- Khizar-Sarai, District-gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashpal Yadav For the Opposite Party/s :

Mr. SRI SHYAM BIHARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and the State. Prayer for bail of the petitioner was earlier rejected by this Court vide order dated 22. 02. 2017 passed in Cr. Misc No. 49812 of 2016 with liberty to renew his prayer for bail after six months, if no substantive progress is made in the trial. A report was called for from the Court below which has been received. From the report, it appears that that charge has been framed against this petitioner on 5.7.2017 and not a single witness has been examined till date.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 08.06.2016. From the earlier order passed by this Court, it appears that this petitioner was absconding since 2005 and thereafter he was remanded in this case and after remand he has remained in custody since

Patna High Court Cr.Misc. No.60879 of 2017(4) dt.07-02-2018 2/2 8.6.2016 and not even a single witness has been examined in this case as per the report of the Trial Court. Therefore, this Court is inclined to release him on bail.

Let the petitioner, named above, 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 A.D.J. VII, Gaya in connection with Sessions Trial No. 224 of 2016, arising out of Khizarsarai P.S. case no. 77 of 2005, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner in any manner will not try to hamper the trial by intimidating or influencing the witnesses and will remain present on each and every date of trial. Any two subsequent defaults will result in cancellation of bail bonds in the Court below.

(Sanjay Priya, J) shyambihari/- U T