Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18812 of 2017 Arising Out of PS.Case No. -35 Year- 2015 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Binod Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer for bail, which was earlier twice rejected vide order dated 11.02.2016 and 14.09.2016 passed in Cr. Misc. No. 1072 of 2016 and 37916 of 2016, on the ground that the petitioner is suffering in custody since 20.07.2015 and the trial has not been concluded within six months and other co-accused have been allowed bail and against the petitioner there is no legal material besides the suspicion. Uptill-now only charge has been framed and no prosecution witnesses has been examined and in near future, trial is not likely to be concluded.

Learned A.P.P. submits that trial has not been concluded.

Patna High Court Cr.Misc. No.18812 of 2017 (2) dt.03-05-2017 2/2 In the facts and circumstances stated above, 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 1st Additional Sessions Judge, Bagaha, West Champaran, in connection with S.Tr. No. 513 of 2016, arising out of Semra P.S. Case No. 35 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) Ravi/- U T