Sohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24143 of 2018 Arising Out of PS.Case No. -166 Year- 2016 Thana -SULTANGANJ District- PATNA ====================================================== Sohan Yadav, Son of Late Pitamber Yadav, Resident of Mohalla- Tekari Road, P.S.- Sultanganj, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 19.05.2017 and again by order dated 11.10.2017 passed in Cr. Misc. Nos. 19335 of 2017 and 46414 of 2017 respectively, on the ground that the petitioner is suffering in custody since 18.11.2016 after his surrender, nothing has been recovered from conscious possession of the petitioner or from his house, admittedly the premises from where the alleged recovery was made is the disputed land and the several persons have opened Khatal there, the recovered quantity is not commercial quantity and the trial has not been concluded within the time given by this Court and in near future there is no chance

Patna High Court Cr.Misc. No.24143 of 2018 (2) dt.25-04-2018 2/2 of early conclusion of the trial as now only two prosecution witnesses have been examined and both have turned hostile. The learned A.P.P. fairly submits that the trial has not been concluded within the stipulated period. In the facts and circumstances stated above, the petitioner above named, is directed to 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 Additional District & Sessions Judge-III, Patna in connection with Special Case No. 59 of 2016 arising out of Sultanganj P.S. Case No. 166 of 2016, 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) Abhay/- U T