IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13398 of 2011
Sanjay Yadav
Versus
The State Of Bihar
For the petitioner :Mr. Dhirendra Kr. Sinha
For the State :Mrs. Indu Bala Pandey, APP
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03. 29.06.2011 Heard both sides.
This is repeat application seeking bail in a case
lodged under section 302 and 120B/34 IPC.
Earlier, petitioner had moved this Court for bail
which was considered and rejected by order dated 10.05.2010.
Gravity of the case can be seen from the said order. However,
petitioner was granted liberty to renew his prayer for bail in case
there is undue delay in taking up the matter.
Counsel for the petitioner submits that petitioner is
in custody since 23.04.2009 and that there was dispute relating
to land on which the deceased was carrying the business of cattle
fair.
Status report was called for which is at Flag A. it
appears therefrom that the trial has already commenced in
which three prosecution witnesses have already been examined
and the case is posted for evidence of remaining witnesses to be
produced on behalf of the prosecution.
Having considered the submissions and on going
through materials on record including the report at Flag-A, this
court while rejecting the prayer of the petitioner, disposes of this
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application in the following manner:
Let the trial court endeavour to examine rest of the
prosecution witnesses within six months from the date
of receipt/communication of this order in the court below,
failing which the trial court(CJM, Gaya) shall release
the petitioner abovenamed on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of
the like amount each to its satisfaction in connection
with Chandauti(Chakhand) P.S. Case No. 66/09, subject
to the condition that one of the bailors shall be his
own/close family member. The petitioner shall appear
in person on each date fixed at the trial. In case of default
in such appearance without there being any compelling
circumstance, the trial court shall cancel his bail bonds
and secure his arrest in accordance with law.
( Kishore K. Mandal )
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