Awadhesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24390 of 2022 Arising Out of PS. Case No.-16 Year-2019 Thana- MAIGRA District- Gaya ====================================================== AWADHESH KUMAR YADAV Son of Baramdev Yadav @ Brahmdev yadav Resident of Village - Hesatu, P.S.- Kunda, Distt.- Chatra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Chandra Shekhar Singh, Advocate Mr. Nishant Vikram, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Maigra P.S. Case No. 16 of 2019, disclosing offence punishable under Section 392 of the Indian Penal Code.

The petitioner is in custody since 27.11.2019. His prayer for regular bail was first rejected on 13.10.2020. Subsequently, by an order dated 28.07.2021, his prayer for regular bail was again rejected with an observation that if there was no progress at the trial, the petitioner shall be at liberty to renew his prayer for bail after six months.

It has been stated in paragraph 14 of this application that there is no progress at the trial after taking of cognizance.

Patna High Court CR. MISC. No.24390 of 2022(2) dt.18-05-2022 2/2 Mr. Krishna Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner has submitted, on the basis of the instructions which he has received, that even charge has not been framed in the case. He has further submitted that implication of the petitioner is mainly on account of the alleged disclosure made by the accused persons in their confessional statements before the police.

Considering the aforesaid submission and the fact that the petitioner is in custody since 27.11.2019 with no progress at the trial, this application is allowed. Let the petitioner, abovenamed, 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 J.M. 1st Class, Sherghati, Gaya, in Maigra P.S. Case No. 16 of 2019.

(Chakradhari Sharan Singh, J) Rajesh/- U T