Vinod Yadav @ Vinod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19162 of 2017 Arising Out of PS.Case No. -213 Year- 2010 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Vinod Yadav @ Vinod Singh son of Chandrama Yadav, resident of village Raghunipur P.S. Udwanatnagar Dist. Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-04-2017 Heard Mr. Kumar for the petitioner and Mr. Dayal APP for the State.

The petitioner is facing accusation punishable under Sections 302/34 of the IPC.

The allegation is of firing at the deceased by him and another co-accused. His prayer for bail was earlier considered and rejected on 19.5.2015 granting him liberty to renew prayer in the Court below itself if the prosecution witnesses are not examined within 09 months. In the light of the said liberty, the petitioner renewed prayer in the court below and, on refusal, filed the present bail application.

It is submitted that the petitioner is in custody since 07.02.2014. From perusal of the order of the learned Trial Court, it would appear that till date no prosecution witness has been

Patna High Court Cr.Misc. No.19162 of 2017 (2) dt.19-04-2017 2/3 produced and examined. On instruction, it is also submitted that another co-accused of this case raised a claim of juvenility which has been adjudicated in his favour. The post-mortem report does not fully support the prosecution case.

The learned APP, on the other hand, submits that the petitioner is the assailant. He has criminal antecedents as well. In the facts and circumstances of the case and considering the order dated 19.05.2015 as also the facts evidencing from the impugned order, this Court, while declining the relief, disposes of the bail application by the following order:- Let the Trial Court make endeavour to examine all the relevant prosecution witnesses within 06 months from the date of receipt/ communication of the order, failing which the petitioner shall 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 the learned IVth Additional Sessions Judge Bhojpur, Ara in connection with Sessions Trial No. 99 of 2014, arising out of Udwant Nagar P.S. case No. 213 of 2010, subject to the following conditions:-

(1) One of the bailors shall be the own/close family member of the petitioner.

(2) The petitioner shall appear in person before the

Patna High Court Cr.Misc. No.19162 of 2017 (2) dt.19-04-2017 3/3 trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T