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