Pintoo Yadav @ Pinto Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33567 of 2020 Arising Out of PS. Case No.-143 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== PINTOO YADAV @ PINTO YADAV Son of Baliram Yadav Resident of Village - Sonbarsa, P.S. - Paraiya, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201/120B of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was the husband of the deceased. A report was called for from the trial court. It has been reported that till date, not a single prosecution witness has been examined and there is no chance of the trial being concluded in near future.

The petitioner is in custody since 07-08-2018. Charge sheet was submitted for offence under Section 302 of the Indian Penal Code. Though the case was instituted for an offence under

Patna High Court CR. MISC. No.33567 of 2020(3) dt.03-03-2021 2/2 Section 304B of the Indian Penal Code but the same was found to be false in course of investigation. It is further submitted that there is no eye witness to the alleged occurrence nor there is any circumstantial evidence to show the participation of the petitioner in the alleged occurrence.

Taking into account that the charge sheet has been submitted under Section 302 of the Indian Penal Code and there is no chance of the trial being concluded in near future coupled with the fact that the petitioner has already remained in custody for approximately two and half years, the petitioner named above is directed to 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 District & Sessions Judge-III, Gaya in connection with Chandauti P.S. Case No. 143 of 2018.

(Sudhir Singh, J) A.K.V.//- U T