Patna High CourtCR. MISC./40970/2015bail granted

Jitendra Yadav v. The State Of Bihar

2015-09-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40970 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -RAIL District- LAKHISARAI ====================================================== Jitendra Yadav, S/o Deoki Yadav, Resident of Village-Dobhrapar, P.S.- Bundelkhand, District-Nawada. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-09-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 638 of 2014 arising out of G.R.P. Kiul P.S. Case No. 30 of 2014 registered under Sections 399, 402 of the Indian Penal Code and 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 13.10.2014 passed in Cr. Misc. No. 36645 of 2014 with following observation:- "The learned Ad-hoc Additional Sessions Judge-V, Lakhisarai is directed to hold the trial of the petitioner on day-to-day basis and conclude the same as early as possible

Patna High Court Cr.Misc. No.40970 of 2015 (2) dt.02-09-2015 2 / 2 preferably within nine months from the date of receipt/production of a copy of this order failing which the petitioner would be entitled to renew his prayer for bail."

It is contended that the petitioner is in custody since 27th March, 2014 and during trial, three witnesses are yet to be examined. It is further submitted that since last three months, no witness has turned up to depose before the trial court.

Learned APP for the State has opposed the prayer for bail.

Regard being had to the facts and circumstances of the case, the petitioner 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 the learned Ad-hoc Additional District & Sessions Judge-V, Lakhisarai in Sessions Trial No. 638/14 arising out of G.R.P. Kiul P.S. Case No. 30/14.

(Ashwani Kumar Singh, J.) Sanjeet/- U T