Patna High CourtCR. MISC./12506/2019bail granted

Uday Kumar @ Uday Yadav v. The State Of Bihar

2019-04-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12506 of 2019 Arising Out of PS. Case No.-1 Year-2018 Thana- DHIBRA District- Aurangabad ====================================================== UDAY KUMAR @ UDAY YADAV, Son of Mukhdeo Yadav. Resident of Village- Golha Tola, Ghurandih, P.S.- Dhibra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 342, 323, 325, 307, 504, 506 and 302 of the Indian Penal Code.

Earlier prayer for bail to the petitioner was refused on 16.07.2018 in Criminal Miscellaneous No.28187 of 2018, with liberty to renew the prayer for bail, after framing of the charge or after completion of six months of custody from the date of the order.

The report of the learned trial judge reveals that when the period of six months was going to expire, the petitioner and other accused persons filed a petition under Section 227 of the Code of Criminal Procedure on 02.11.2018,

Patna High Court CR. MISC. No.12506 of 2019(3) dt.24-04-2019 2/2 which was adjourned for rejoinder of other side and the matter is listed for final hearing on charge.

Apparently, the petitioner attempted to frustrate the order dated 16.07.2018.

In the facts and circumstances, let the petitioner, above named, be released on bail only after framing of the charges on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dhibra Police Station Case No.01 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T