Satish Yadav @ Satish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23328 of 2023 Arising Out of PS. Case No.-86 Year-2021 Thana- NIRMALI District- Supaul ====================================================== Satish Yadav @ Satish Kumar Yadav Son Of Raja Ram Yadav Resident Of Village-Bishanpur, Ward No. 16, P.S. Phulparas, District-Madhubani. ... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nirmali P.S. Case No. 86 of 2021 registered on 31.05.2021 lodged under Sections 364, 364(A) and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that vide order dated 24.08.2022, passed in Cr. Misc. No. 12077 of 2022 in regular bail application of the petitioner was rejected. Counsel submits that at the time of rejecting the bail application, liberty was granted to the petitioner that he may renew his prayer for bail, after framing of charge. And Trial court was directed to expedite the trial as early as possible.

Learned counsel for the State opposes the prayer for bail.

It transpires from the record, which has been called for

Patna High Court CR. MISC. No.23328 of 2023(3) dt.21-06-2023 2/2 from the Court below, that there are in total seven Prosecution Witnesses, which are yet to be examined.

Private Respondents are residents of Nepal and processes have been issued against them to procure their attendance in the Court through proper channel. There is no likelihood that witnesses shall be examined any time soon. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur, Supaul in connection with Nirmali P.S. Case No. 86 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Petitioner is directed to appear physically on each and every date.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T