Ram Pravesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19936 of 2024 Arising Out of PS. Case No.-34 Year-2021 Thana- KHIRI MORE District- Patna ====================================================== Ram Pravesh Yadav SON OF LATE CHANDRADEO YADAV VILLAGEBANAULI, POLICE STATION- KHIRI MORE DISTRICT -PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunit Kumar Srivastava, Advocate.
For the State :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-04-2024 Heard Mr. Sunit Kumar Srivastava, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor appearing for the State.
2. Petitioner seeks bail in connection with Khiri More P.S. Case No. 34 of 2021 dated 11.4.2021 registered for the offence punishable under Sections 147, 148, 149, 323, 307, 379, 447, 448, 504 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added.
3. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 8447 of 2022, which was rejected with an observation that if the trial is not concluded within a period of nine months, the petitioner is at liberty to renew his prayer for bail. He further submits that since the trial has not been concluded in the
Patna High Court CR. MISC. No.19936 of 2024(2) dt.10-04-2024 2/3 stipulated time, the petitioner, vide present application, has renewed his prayer for bail.
4. From paragraph No. 17 of the bail petition, it transpires that the trial has not been concluded within nine months because it is still at the stage of prosecution evidence and not a single witness has been examined on behalf of the Prosecution.
5. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Sessions Judge-VI, Danapur, in connection with Khiri More P.S. Case No. 34 of 2021 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
Patna High Court CR. MISC. No.19936 of 2024(2) dt.10-04-2024 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J) jyoti/- U T