Manoj Kumar @ Manoj Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.60794 of 2017 (2) dt.28-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60794 of 2017 Arising Out of PS.Case No. -207 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ====================================================== Manoj Kumar @ Manoj Yadav, Son of Late Sohan Kalwar @ Sohan Yadav, Resident of village- Anaith Jhoparpati, P.S.- Ara, Nawadah, District- Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Surj Bansh Roy, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the fourth attempt on behalf of the petitioner, who is in custody since 10.06.2014, has renewed his prayer for bail in connection with Nawadah P.S. Case No. 207 of 2014 having thrice been rejected by orders dated 29.06.2015, 02.05.2016 and 08.03.2017 in Cr. Misc. No. 12045 of 2015, Cr. Misc. No. 3590 of 2016 and Cr. Misc. No. 2626 of 2017, respectively.

3. By order dated 08.03.2017 in Cr. Misc. No. 2626 of 2017, this Court had directed the trial to be expedited and concluded preferably within a period of six months.

4. Learned counsel for the petitioner states that so far only one more witness has been examined since then apart from one other witness Dr. Krishna Nand Singh having been examined earlier. Neither of the prosecution witnesses has named the petitioner. It is submitted that the trial is not likely to be concluded in the near future.

5. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.60794 of 2017 (2) dt.28-02-2018 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Bhojpur, Ara, in connection with Sessions Trial No. 20 of 2015 arising out of Ara Nawada P.S. Case No. 207 of 2014, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T