Patna High CourtCR. MISC./30402/2014bail granted

Nagina Yadav v. The State Of Bihar

2015-02-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30402 of 2014 Arising Out of PS.Case No. -140 Year- 2011 Thana -KHIJARSARAI District- GAYA ======================================================

1. Nagina Yadav Son of Late Jagdish Yadav Resident of village- Khudai Tola, Baijnapur, P.S.- Khizarsarai, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anjani Kumar Jha For the Opposite Party : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2015 The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 302, 201, 34 of the I.P.C.

The husband of the informant went missing.

Subsequently his beheaded dead body was recovered when one Dhibri Yadav suggested that the victim was seen returning in the company of this petitioner and one Rama Shish Yadav. During investigation also, it transpired that the petitioner and Rama Shish Yadav were seen in the company of the victim. The earlier bail application of the petitioner was rejected vide order dated 09.07.2013 passed in Cr. Misc. No. 1948 of 2013 with liberty to renew the prayer for bail, if the trial will not be concluded within a period of one year. The report of the learned Trial Court dated 15.09.2014 suggests that no witness has been examined till

Patna High Court Cr.Misc. No.30402 of 2014 (3) dt.04-02-2015 2/2 transmission of the report.

Considering the circumstantial nature of accusation, there is no likelihood of trial being concluded in near future and the statement made in the petition that petitioner having clean antecedent, let the petitioner, above named, 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 Additional Sessions Judge, 3rd, Gaya in connection with Sessions Trial No. 157 of 2013, arising out of Khizarsarai P.S. Case No. 140 of 2011. Learned Court below will cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T