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Patna High CourtCR. MISC./80470/2019bail granted

Abhay Yadav @ Abhay Kumar Yadav v. The State Of Bihar

2020-03-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80470 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- SANGRAMPUR District- Munger ====================================================== ABHAY YADAV @ ABHAY KUMAR YADAV Son of Sitaram Yadav Resident of Village - Birajpur, P.S.- Sangrampur (Tetiya Bumbar), Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 307, 120(B), 109, 506/34 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioner is of causing fire-arm injury to the informant.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the application with observation "at this stage". The present application has been preferred in the light of aforesaid observation made in the earlier order. The trial court was directed to conclude the trail of the petitioner preferably withinh a period of nine months from the

Patna High Court CR. MISC. No.80470 of 2019(3) dt.19-03-2020 2/2 date of receipt of copy of this order.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-10-2018. Charge has already been framed. As per observation made in the earlier rejection order vide Annexure-1 to the applciation, the period of nine months has already elapsed. There is no likelihood of the trial being concluded in near future. The petitioner has remained in custody for approximately one year and five months. On behalf of the State and O.P. No. 2, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-III, Munger in connection with Sessions Trial No. 34 of 2019 arising out of Sangrampur (Tetia Bumbar) P.S. Case No. 80 of 2018.

(Sudhir Singh, J) A.K.V.//- U T