Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44387 of 2014 Arising Out of PS.Case No. -176 Year- 2012 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Ashok Yadav, son of late Chamru Yadav, resident of village-Bariya, P.S.- Nathnagar, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf, Advocate For the Opposite Party/s : Mrs. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of bail to the petitioner in Criminal Appeal No.91 of 2014 arising out of Nathnagar P.S. Case Nos. 176/12 and 177/12 in which the petitioner was convicted and sentenced to rigorous imprisonment for three years and a fine of Rs.1000/- and in default of payment of fine, simple imprisonment for one month each for the offence punishable under Sections 25 (1-B)a, 26, 35 of the Arms Act and under Sections 387/34 of the Indian penal Code. All the sentences were directed to run concurrently.

It is submitted that the petitioner has been in custody since 16.10.2012 and thus, he has remained in custody for more than 2 years and four months and there is no chance of hearing of

Patna High Court Cr.Misc. No.44387 of 2014 (2) dt.03-03-2015 2/2 the appeal in near future.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Kumar Kaushal Kishore, Judicial Magistrate, 1st Class, Bhagalpur in G.R. No.2818 of 2012/Trial No.3305/2013 arising out of Nathnagar P.S. Case Nos. 176/12 and 177/12 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T