Patna High Court - Orders
Murari Yadav vs The State Of Bihar on 11 September, 2013
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11786 of 2013
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Murari Yadav, son of Late Ram Narayan Prasad, resident of Village-
Kharauna, P.S. Masaurhi, District- Patna
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
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3 11-09-2013Heard learned counsel for the petitioner. None appeared on behalf of the State.
This is the third attempt for grant of bail on behalf of the petitioner in connection with Sessions Trial No.146 of 2011 (arising out of Masaurhi P.S.Case No.15 of 2001) registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Lastly, his prayer for bail was rejected on 22.02.2012.
In this case, by order dated 21.08.2013, a report was called for from the court below regarding stage of the case, which has been received and kept at Flag-A. From the report, it is evident that charge was framed on 10.08.2011. However, despite best efforts taken by the court below, till date not even single witness has been examined by the prosecution.
Keeping in view the fact that the petitioner is in 2 Patna High Court Cr.Misc. No.11786 of 2013 (3) dt.11-09-2013 2/2 custody since 25.04.2009 and even after framing of charge, till date no witness has been examined, the Court is of the opinion that the petitioner cannot be detained for an indefinite period. Let the petitioner above named be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-II, Patna in connection with S.T.No.146/2011 (arising out of Masaurhi P.S.Case No.15 of 2001) with conditions that (i) one of the bailors must be close relative of the petitioner and ( ii) on each and every date, the petitioner shall remain physically present before the court below and in case of his non- appearance on two consecutive dates, his bail bond shall stand automatically cancelled.
(Rakesh Kumar, J) NKS/-