The Patna High Court granted bail to the petitioner in a murder and abetment case after nearly five years of custody, noting slow trial progress and lack of criminal antecedents, subject to standard conditions including a close relative surety.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31898 of 2021
Arising Out of PS. Case No.-145 Year-2017 Thana- BIKRAM District- Patna
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Bhorik Yadav @ Ashok Yadav, aged 45 years, Son of Ram Sakal Yadav Resident of Village - Nizampur Tola, P.S.- Bikram, District-Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ganesh Prasad Yadav, Adv. For the Informant : Mr. Lovekush Kumar, Adv. For the State : Ms. Meena Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
5 12-01-2022
The matter has been listed today for consideration through Video Conference.
Learned counsel for the petitioner is expected to honour
his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
Heard learned counsel for the petitioner, informant and learned counsel for the State.
The petitioner seeks bail in Bikram P. S. Case No. 145 of 2017, instituted for the offence under Sections 302,120B, 307, 325, 341,323/34 of the Indian Penal Code.
The petitioner has renewed his prayer again for the fourth time for grant of bail. Earlier, applications were rejected having
Patna High Court CR. MISC. No.31898 of 2021(5) dt.12-01-2022 2/3
regard to the specific allegations of assault by iron rod on head of the victim causing death.
It is submitted by the petitioner’s counsel that more than four years four months have elapsed in custody. Out of 15 only five witnesses have been examined at the trial.
Learned counsel for the informant has appeared and opposed the prayer for bail. He has submitted that non examination of the remaining witnesses is on account of various justifiable reasons. Whatever may be the reasons, continued incarceration of the petitioner for more than four years, when there is no progress in the trial, cannot be countenanced. This Court, is of the view that a case for grant of bail to the petitioner is made out. The petitioner also has no criminal antecedents which is also a mitigating circumstance.
Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released 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 learned Additional Chief Judicial Magistrate, VII, Danapur, Patna , in
Patna High Court CR. MISC. No.31898 of 2021(5) dt.12-01-2022 3/3
connection with Sessions Trial No. 181 of 2018 arising out of Bikram P. S. Case No. 145 of 2017, subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
shyambihari/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail after four years of incarceration in a murder trial with limited witness examination.
Whether conditions can be imposed to ensure the petitioner's appearance in subsequent court dates.
Bhorik Yadav @ Ashok Yadav
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
