Bindu Yadav @ Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35596 of 2017 Arising Out of PS.Case No. -146 Year- 2016 Thana -SONO District- JAMUI ======================================================

1. Bindu Yadav @ Vinod Yadav, S/o Late Kalo Yadav @ Kaleshwar Yadav, Resident of Village- Sarebad, P.S.- Sono, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv, For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 The petitioner is in custody since 26.09.2016 in connection with Sessions Case No. 56 of 2017 arising out of Sono (Charkapathar) P.S. Case No. 146 of 2016, registered for offences punishable under Sections 147, 148, 149, 307, 302, 121A, 452, 504 of the Indian Penal Code and Section 27 of the Arms Act and 16, 17, 18, 19, 20, 21, 22 of U.A.P. Act.

It appears that the petitioner has earlier moved before this Court for grant of regular bail and the same has been rejected vide order dated 20.04.2017 passed in Cr. Misc. No. 13022 of 2017 with observation to expedite the trial. It further appears that earlier the prayer for regular bail of this pettitioner has been rejected on the ground of suppression of fact. It has been submitted on behalf of the petitioner that by mistake, in para-3 of earlier Cr. Misc. No. 13022 of 2017, in

place of Khaira P.S. Case No. 297 of 2009, Khaira P.S. Case No. 267 of 2010 has been mentioned and, therefore, the petitioner has not suppressed any fact. Moreover, the petitioner in this case happens to be order giver and he is remained in custody for the last ten months.

Heard learned A.P.P. also.

Having heard both the sides and considering the fact and circumstances of the case, learned trial court is directed to expedite the trial within a period of 9 months and in the meantime, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- 3rd, Jamui, in connection with Sono (Charkapathar) P.S. Case No. 146 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself

available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) brajesh/- U T