Patna High CourtCR. MISC./32510/2016bail granted

Yogendra Ram @ Jogendra Ram v. The State Of Bihar

2016-09-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32510 of 2016 Arising Out of PS.Case No. -7 Year- 2015 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ====================================================== Yogendra Ram @ Jogendra Ram, son of Sri Mahendra Ram, resident of Village - Sarmera, P.S.- Sarmera, District-Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun Kumar, Advocate For the Opposite Party : Mr. Sri Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 24.11.2015 passed in Cr. Misc. 35236 of 2015, on the ground that the he is suffering in custody since 16.02.2015. After his surrender, up till now, only the case has been committed to the court of sessions and there is no progress in the trial and the petitioner was given liberty to renew his prayer for bail, if the trail is not concluded within six months. There is land dispute between the parties and in the case diary no injury report is available.

Learned A.P.P. submits that against the petitioner there is allegation that he fired on Slok Ram on the chest.

Patna High Court Cr.Misc. No.32510 of 2016 (3) dt.07-09-2016 2/2 In the facts and circumstances stated above, considering that trial has not been concluded within time given, there is no chance of tampering with prosecution evidence and the petitioner by remaining in custody now has been sufficiently penalized at this stage, as such, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif arising out of Sarmera P.S. Case No. 07 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.) Rajiv/- U