Sazo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24768 of 2024 Arising Out of PS. Case No.-40 Year-2021 Thana- CHHABILAPUR District- Nalanda ====================================================== Sazo Yadav S/o- Late Devki Yadav Village- Keshri Bigha Ps- Chhabilapur Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 338, 504, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that this is the second attempt of the petitioner to seek bail as earlier his bail application was rejected by an order dated 06.01.2023 in Cr. Misc. No.12037 of 2022. It is further submitted that a liberty was granted to the petitioner to renew his prayer for bail in the event, if the trial is not concluded within a period of eight months. It is next submitted that till date, the trial has not concluded, but then, out of five witnesses, three witnesses have been examined and two witnesses out of three were declared hostile. It is further submitted that petitioner is in custody since
Patna High Court CR. MISC. No.24768 of 2024(3) dt.10-05-2024 2/2 19.05.2021 and is aged about 67 years. It is also submitted that in the event, if bail is granted to the petitioner, the petitioner will not abscond rather will cooperate in the trial.
4. Learned A.P.P. opposes the bail application.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif at Nalanda in connection with S.Tr. No.575 of 2021 arising out of Chhabilapur P. S. Case No.40 of 2021.
6. The application stands allowed.
7. However, in the event, if the learned trial Court comes to a conclusion that the petitioner after his release on bail is trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons and shall take all coercive steps to ensure that petitioner is behind bar.
(Satyavrat Verma, J) vikash/- U T