Patna High CourtCR. MISC./51397/2015bail granted

Mukul Yadav v. The State Of Bihar

2015-12-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51397 of 2015 ======================================================

1. Mukul Yadav, son of Mohan Yadav, resident of village Pakri, P.S. Ara, Nawada, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was rejected by this court vide order dated 02.07.2015 passed in Cr. Misc. No. 13677 of 2015 but submission on behalf of the petitioner is that petitioner is in jail custody since 14.10.2014 and up till now, only charge could be framed against him. It is also pointed out by him that four persons were made named accused in the first information report and out of the aforesaid four accused, one Subham was declared juvenile and another Uday Yadav has not been sent up for trial as yet and the investigation against him is still pending. So far as the fourth accused is concerned, the said accused could not be traced out. It is further pointed out by him

Patna High Court Cr.Misc. No.51397 of 2015 (2) dt.16-12-2015 2/2 that there was omnibus allegation of assault against the petitioner and the aforesaid three accused as well as some unknown persons and altogether five injuries were found on the person of the deceased.

It appears from perusal of the Annexure-4 to the petition that charge against the petitioner was framed on 11.08.2015 but after that no witness has been examined as yet. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 2nd Additional Sessions Judge, Arrah, Bhojpur in connection with Sessions Trial No. 191 of 2015 arising out of Ara Nawada P.S. Case No. 498 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T