Patna High CourtCR. APP (SJ)/40/2022bail granted

Kaushal Yadav v. The State Of Bihar

2022-02-02Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.40 of 2022 Arising Out of PS. Case No.-111 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== KAUSHAL YADAV Son of Ram Chandra Yadav Resident of Village- Kharat Tola, Bhawani Bigha, P.S.- Muffasil, District- Nawada. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Birendra Kumar, Adv.

For the Respondent/s :

Ms. Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2022 Heard Mr. Birendra Kumar, learned counsel for the appellant and Ms. Usha Kumari, learned Special PP for the State via video conferencing.

This is the third attempt for bail on behalf of appellant inasmuch as earlier on two occasions bail application of appellant has been rejected and at the time of last rejection on 22.06.2021 in Cr. Appeal (SJ) No. 1047/2021, liberty was granted to the appellant to renew his prayer for bail after five months if the trial does not conclude.

Learned counsel for the appellant submits that there is no progress in the trial since last rejection of prayer for bail of the appellant on 22.06.2021. He further submits that out of seven witnesses only four witnesses have been examined and the last witness has been examined on 22.01.2020 and since

Patna High Court CR. APP (SJ) No.40 of 2022(2) dt.02-02-2022 2/2 then no other prosecution witness has been examined. Appellant is in custody for about three years and five months i.e., since 02.09.2018.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that this is the third attempt for bail on behalf of the appellant and the trial is still pending, I am inclined to grant regular bail to the appellant.

Accordingly, let the appellant, namely, KAUSHAL YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judgecum-Special Judge, Nawada in connection with Spl. (H) Case No. 123/2018 arising out of Mufassil PS Case No.111/2018. (Anil Kumar Sinha, J) perwez U T