Ram Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69972 of 2018 Arising Out of PS. Case No.-76 Year-2017 Thana- GHOGHARDIHA District- Madhubani ====================================================== Ram Kumar Yadav Son of Late Ram Kishun Yadav, Resident of VillageBhelwa P.S.-Ghogherdiha, District-Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of regular bail in connection with Ghoghardiha P.S. Case No. 76 of 2017 registered for the offences punishable under Sections 149, 147, 148, 341, 323, 504, 506, 324 and 307 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having assaulted the brother of the informant resulting in grievous injury to the brother of the informant.
The prayer of the petitioner for grant of regular bail was rejected earlier by this Court by an order dated 30.03.2018 passed in Criminal Miscellaneous No. 18165 of 2018.
Patna High Court Cr.Misc. No.69972 of 2018(4) dt.09-01-2019 2/3 A report had been called for by this Court by an order dated 03.12.2018 with regard to the stage of the trial and the learned trial court has submitted that the charges have been framed and the date for examination of the prosecution witnesses has also been fixed. However, a period of three years shall be taken for the purposes of conclusion of the trial considering that many old sessions trials are pending before the said court.
Having considered the facts and circumstances of the case, as also the fact that the petitioner is languishing in custody since 15.10.2017 and there is no hope of completion of trial in the near feature, as also the petitioner is having a clean antecedent, I deem it fit and proper to grant regular bail to the petitioner herein, however, with a condition that the petitioner shall attend each and every date of the ongoing trial before the concerned trial court and in default thereof the present privilege of bail shall stand cancelled and the petitioner shall be taken into custody forthwith.
With the aforesaid condition, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.,
Patna High Court Cr.Misc. No.69972 of 2018(4) dt.09-01-2019 3/3 Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 76 of 2017.
(Mohit Kumar Shah, J) ajay gupta/- U T