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Patna High CourtCR. MISC./596/2018bail granted

Surendra Yadav And ANR v. The State Of Bihar

2018-03-14Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.596 of 2018 Arising Out of PS.Case No. -89 Year- 2003 Thana -AKBARPUR District- NAWADA ======================================================

1. Surendra Yadav, S/o Late Laxman Yadav,

2. Ram Chandra Yadav, S/o Late Laxman Yadav, Both residents of VillageHudrahi, Police Station- Akbarpur, District- Nawada. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-03-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 03.03.2015 and earlier their prayer for bail was rejected by this court vide order dated 18.10.2016 passed in Cr. Misc. No. 37177 of 2016 taking note of their previous conduct but a liberty was given to the petitioners to renew their prayer for bail before the learned trial court itself, if their trial is not concluded within six months. The learned trial court has reported that charge against the petitioners was framed on 01.06.2016 but in spite of issuance of process to prosecution witnesses, no prosecution witness could be examined as yet.

Patna High Court Cr.Misc. No.596 of 2018 (5) dt.14-03-2018 2/2 The first information report reflects that the informant is not an eye witness of the alleged occurrence and he only claimed that petitioners and other accused took the victim and, thereafter, the dead body of the victim was recovered. Considering the aforesaid facts and circumstances as well as taking note of period of detention of the petitioners in jail custody, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Nawada in connection with Sessions Trial No. 356 of 2015 arising out of Akbarpur P.S. Case No. 89 of 2003.

(Hemant Kumar Srivastava, J) N.K/- U T