Robin Yadav @ Rabin Yadav @ Raobin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29118 of 2016 Arising Out of PS.Case No. -192 Year- 2014 Thana -BALIA District- BEGUSARAI ====================================================== Robin Yadav @ Rabin Yadav @ Raobin Yadav, Son of Rameshwar Yadav @ Faudari Yadav, Resident of Village- Manari Gachhi, P.O. Lakhminia, Police Station Ballia, District Begusarai.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Brajesh Kumar Singh, Advocate. For the Opposite Party : Mr. Sri Bharat Bhushan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner wants to renew the prayer of bail, which was earlier rejected by order dated 29.03.2016 passed in Cri. Misc. No. 4605 of 2016 on the ground that the petitioner is in custody since 01.12. 2015 and up till now, no prosecution witnesses has been examined, resulting in near future the trial is not likely to be concluded.
Learned A.P.P. submits that against the petitioner, the informant and other witnesses have made allegation of rape. In the facts and circumstances stated above, considering that in near future, the trial is not likely to be concluded, there is no chance of tampering with the prosecution evidence and as such
Patna High Court Cr.Misc. No.29118 of 2016 (2) dt.20-07-2016 2/2 now, the petitioner above named 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 learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No.192 of 2014, subject to conditions that one of the bailors must be 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.) Amit/- U T