Kamlesh Yadav @ Kamlesh Yadava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26748 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Kamlesh Yadav @ Kamlesh Yadava son of Baban Yadav, resident of village- Babu Tola, P.S- Brahampur, District- Buxar at present resident of village- Dhamar, P.S- Ara (M), District: Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Udwantnagar P.S.Case No.183 of 2014 registered under section 414 read with 34 of the Indian Penal Code as well as sections 25(1-B)(a), 26 and 35 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 14.10.2014 passed in Cr. Misc. No.35765 of 2014 with observation that if the trial is not concluded within six months from the day of receipt/production of a copy of this order, the petitioner would be at liberty to renew his prayer for bail.

Patna High Court Cr.Misc. No.26748 of 2015 (2) dt.01-07-2015 2/2 It has been contended that the stipulated period in the aforesaid order dated 14.10.2014 has elapsed and till date only four witnesses could be examined on behalf of the prosecution during trial. It has further been contended that there is no possibility of conclusion of trial in near future. The petitioner is reported to be in custody since 14.5.2014.

Regard being had to the nature of allegation and the period spent in custody, the petitioner named above 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 learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Udwant Nagar P.S. Case No.183 of 2014. (Ashwani Kumar Singh, J) Md.S./- U T