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Patna High CourtCR. MISC./14745/2017bail granted

Ram Pravesh Yadav v. The State Of Bihar

2017-05-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14745 of 2017 Arising Out of PS.Case No. -112 Year- 2014 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Ram Pravesh Yadav, Son of Late Laxmi Yadav, Resident of VillageNeurighat, Police Station-Singhiya, District-Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate.

Mr. Anuj Kumar, Advocate.

For the Opposite Party : Mr. Abhay Kumar Roy, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 530 of 2015, arising out of Singhiya P.S. Case No. 112 of 2014 registered for the offences punishable under Sections 120(B), 302 and 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 21.04.2015 passed in Cr. Misc. No. 7822 of 2015 with a direction to the trial court to expedite the trial and conclude the same within one year from the date of receipt of this order. When the trial could not be concluded, the petitioner again filed for bail vide Cr. Misc. No. 20382 of 2016, but the prayer for bail of the petitioner was rejected on 28.09.2016 with a direction to the trial court to conclude the trial within six months but even then the

Patna High Court Cr.Misc. No.14745 of 2017 (3) dt.10-05-2017 2/2 trial could not be concluded and the petitioner made 3rd attempt for grant of bail.

A report was called for from the Additional District and Sessions Judge, Rosera with regard to stage of trial of Sessions Trial No. 530 of 2015, arising out of Singhiya P.S. Case No. 112 of 2014 and from perusal of the report it appears that not a single witness has been examined till date. The petitioner is in jail since 16.09.2014. It is very sorry state of affairs that inspite of the order of this Court, the trial court did not pay any heed nor take any step to conclude the trial.

Considering the facts aforesaid and the fact that the petitioner has already remained in jail for more than 21⁄2 years and not a single witness has been examined till date, the petitioner above named is directed to be enlarged 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 Additional District and Sessions Judge, Rosera in Sessions Trial No. 530 of 2015, arising out of Singhiya P.S. Case No. 112 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T