Punit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39835 of 2017 Arising Out of PS. Case No.-205 Year-2014 Thana- LAXMIPUR District- Jamui ====================================================== Punit Yadav Son of Puleshwar Yadav Resident of Village- Chinberia, Police Station- Laxmipur, District Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. SRI PREM KUMAR JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected twice vide order dated 29.02.2016 and 26.10.2016 passed in Cr. Misc. No. 45884 of 2015 and 40938 of 2016 respectively, on the ground that the petitioner is in custody since 28.01.2015 having no criminal antecedent, post mortem report does not support the prosecution version as the injury caused have been noticed by hard and blunt substance, there is case and counter case, as a matter of fact the deceased died as he was not treated properly and further from the report of the learned trial judge it reveals that the charges have been framed on 20.10.2016 but up-till now not even a single prosecution witness has been examined and as such in near future the trial is

Patna High Court Cr.Misc. No.39835 of 2017(4) dt.11-10-2017 2/2 not likely to be completed though there was direction to conclude the same within six months, failing which the petitioner was granted liberty to renew his prayer of bail. Learned APP fairly submits that the trial has not been conlcuded.

In the facts and circumstances stated above and considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II, Jamui in Sessions Trial No. 75 of 2016 arising out of Laxmipur P. S. Case No. 205 of 2014, 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) avin/- U T