Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31586 of 2017 Arising Out of PS.Case No. -124 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Pradeep Yadav, Son of Tulsi Yadav, Resident of Village- Tetariya Tarhid, P.S. Khaira, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate For the Opposite Party : Mr. Sri Tapeshwar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier twice rejected vide order dated 09.03.2016 and 13.11.2016 passed in Cr. Misc. 54435 of 2015 and Cr. Misc. No. 50693 of 2016 respectively, on the ground that the petitioner is in custody since 02.09.2015, F.I.R. has been lodged after much delay, postmortem report does not corroborate the prosecution version and against the petitioner there is no specific allegation. Similarly situated co-accused Yogendra Yadav has been allowed bail by another co-ordinate bench of this Court vide Cr. Misc. No. 15591 of 2017. The trial has not been concluded and in near future the trial is not likely to be concluded and, as such, the petitioner

Patna High Court Cr.Misc. No.31586 of 2017 (2) dt.02-08-2017 2/2 deserves sympathetic consideration.

The learned A.P.P. submits that against the petitioner there is strong motive also.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned C.J.M., Jamui, in connection with Khaira P.S. Case No. 124 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T