Patna High CourtCR. MISC./6688/2025bail granted

Dilo Yadav v. The State Of Bihar

2025-02-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6688 of 2025 Arising Out of PS. Case No.-154 Year-2010 Thana- BALIYA District- Begusarai ====================================================== Dilo yadav S/o Puran yadav R/o Village- Chhoti Baliya Masoorchak, P.S.- Baliya, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 441 of 2011, arising out of Baliya P.S. Case No. 154 of 2010, instituted for the offences punishable under Sections 341, 447, 307, 379, 427, 504/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons entered into the house of the informant, assaulted her son and daughter due to which they sustained injuries. It is further alleged that they also took Mangalsutra from her daughter and also destroyed some household articles.

Patna High Court CR. MISC. No.6688 of 2025(2) dt.15-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The present case is misuse of privilege of bail earlier granted to the petitioner. Earlier the petitioner was granted bail on 07.10.2024 by the learned Court below. The case was fixed on 17.10.2024, 28.10.2024, 26.11.2024, 05.12.2024 and the petitioner did not appear on the aforesaid dates. The learned Court below cancelled the bail bond of the petitioner and non-bailable warrant of arrest has been issued on 05.12.2024. The petitioner surrendered in the Court below on 08.01.2025. Thus, there is misuse of privilege of bail. Learned counsel for the petitioner further submits that the petitioner undertakes to abide by any conditions imposed by this Court, if released on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.6688 of 2025(2) dt.15-02-2025 3/3 bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 441 of 2011, arising out of Baliya P.S. Case No. 154 of 2010, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T