IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.7127 OF 2011
TALEBAR YADAV @ TALESHWAR RAI,S/O LATE
KHULI RAI, R/O VILLAGE BHUAPUR, P.S
PANDARAK, DIST. PATNA.
.....................PETITIONER.
VERSUS
THE STATE OF BIHAR.
...........................OPPOSITE PARTY.
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03/ 28.09.2011 Heard counsel for the petitioner.
No one appears for the State.
The prayer for bail of the
petitioner was earlier rejected vide order
dated 19.11.2009 in Criminal Miscellaneous
No.39845 of 2009, with an observation that
the petitioner could renew his prayer for
bail after a period of one year, if in the
meantime, the trial of the petitioner did
not get concluded.
Learned counsel for the petitioner
submits that the trial of the petitioner
has not made any headway. This Court
earlier by an order dated 12.05.2011 had
not only directed the petitioner to file a
supplementary affidavit as with regard to
the criminal antecedent but had also called
for a report from the Court below as to the
present stage of trial.
The trial Court in its report dated
2
01.06.2011, has mentioned that though the
charges were framed against the petitioner
on 30.04.2010, the prosecution has not
produced any witness till date.
Keeping in view the aforementioned
aspect and also the fact that the
petitioner is in custody since, 21.07.2009
i.e for a period of over two years and that
the petitioner claims that he has got no
criminal antecedent, this Court would
direct for release of the petitioner,
namely, Talebar Yadav on bail, on
furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like
amount each to the satisfaction of the
Additional Sessions Judge-1st, Barh in
connection with Pandarak P.S case no. 25 of
2005 in Sessions Trial No. 298 of 2010
subject to the following three conditions:-
i) The two bail bonds will be
furnished, one by the Government
servant and the other by a close
family relative.
(ii) The petitioner will remain
present in course of trial on each
and every day and his absence even
3
for a single day would
automatically entail the
consequences of cancellation of his
bail.
(iii) The petitioner in case is now
made accused in any other criminal
case,that would itself lead to
cancellation of his bail.
Ranjan (Mihir Kumar Jha, J.)