Kapil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37652 of 2025 Arising Out of PS. Case No.-296 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== Kapil Yadav S/o- Panchu Yadav Village- Baltharwa Ps- Bankey Bazar DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier, the bail petition of the petitioner was rejected vide order dated 05.09.2024 passed in Cr. Misc. No. 21701 of 2024.

3. Learned counsel for the petitioner has submitted that the petitioner is renewing his prayer for bail on the ground that he is under judicial custody since 21.11.2023 and out of eight charge-sheeted witnesses, only three witnesses have been examined whereas the bailable warrant has been issued for appearance of the witnesses. He submitted further that the occurrence had taken place after 15 years of the marriage of the deceased.

4. The report of the learned Trial Court is available on

Patna High Court CR. MISC. No.37652 of 2025(3) dt.08-08-2025 2/2 the record which shows that out of eight charge-sheeted witnesses, only three witnesses have been examined and the bailable warrants have already been issued against the witnesses.

5. Considering the facts and circumstances of the case, the period of incarceration and the snail pace of the trial, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-I, Sherghati, Gaya in connection with Imamganj P.S. Case No. 296 of 2023, subject to the following conditions; (I) The petitioner shall cooperate with the trial and make himself available as and when required by the Court. (II) The petitioner will appear in the learned Court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the learned Court below shall be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) AjayMishra/- U T