High Court Patna High Court - Orders

Ram Kumar Yadav vs The State Of Bihar on 2 February, 2011

Patna High Court – Orders
Ram Kumar Yadav vs The State Of Bihar on 2 February, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.43259 of 2010
      RAM KUMAR YADAV SON OF RADHE SHYAM YADAV @ MAHESH YADAV
                                        Versus
                              THE STATE OF BIHAR

3   02.02.2011

Heard both sides.

This is repeat application seeking bail in a case

instituted under Section 392, 411 of Indian Penal Code in view

of the liberty so granted to him on his previous bail application

which was disposed of by order dated 7.9.2009 (Annexure-1)

The concluding portion of order dated 7.9.2009 reads as

follows:

“It is next contended that he is in custody since
01.02.2009. In that view of the matter, this court
observes that if the trial of the case is not taken
up within 10 months from the date of
receipt/communication of a copy of this order in
the court below, petitioner shall have liberty to
renew prayer for bail.”

A status report was called for from the Trial Court

which is placed at Flag-X. It appears therefrom that although

charges were framed on 8.10.2009 but till the date of

submission of the report, the prosecution has failed to produce

any evidence.

Learned counsel for the petitioner submits that he is

in custody since 1.2.2009 and does not carry any criminal

antecedent/history which has been averred in paragraph 14.

Having regard to the submissions advanced on behalf

of the parties and after going through the materials on record,

this Court directs for release of the petitioner on bail on
-2-

furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two

sureties of the like amount each to the satisfaction of learned

Judicial Magistrate, 1st Class, Samastipur in connection with

Samastipur P.S. case no. 60/09 subject to the following

conditions:

(i) One of the bailers will be own/close family

member of the petitioner.

(ii) The petitioner shall appear in person on

each date fixed at the trial. In case of

default on two consecutive occasions

without any cogent/satisfactory reason, the

bail bond of the petitioner shall be

cancelled and thereafter the Trial Court

will be at liberty to secure his arrest in

accordance with law.

( Kishore K. Mandal, J. )
pkj