Ram Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21359 of 2024 Arising Out of PS. Case No.-10 Year-2022 Thana- KATORIYA District- Banka ====================================================== Ram Prasad Yadav Son of Late Bachan Yadav R/o Village- Telondha, P.S.- Katoriya, Dist.- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate Mr. Adarsh Singh, Advocate For the State :
Mr. Kalyan Shankar, APP For the Informant : Mr. Sanjay Kumar Jha, Advocate Mr. Rana Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-05-2024 Heard Ld. counsel for the petitioner, Ld. APP for the State and Ld. Counsel for the Informant.
2. The petitioner seeks regular bail in connection with Katoriya P.S. Case No. 10 of 2022, dated 06.01.2022 registered for the offences punishable under Section 147, 148, 149, 341, 323, 302, 504, 506 and 120-B of the Indian Penal Code.
3. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 827 of 2023, which was rejected by the order dated 25.01.2023, with an observation that if the trial is not concluded within one year, the petitioner would be at liberty to renew his prayer for bail. He further submits that since the trial has not
Patna High Court CR. MISC. No.21359 of 2024(3) dt.10-05-2024 2/3 been concluded in the stipulated time, the petitioner, vide present application, has renewed his prayer for bail.
4. He further submits that the petitioner is languishing in jail since 07.10.2022.
5. It transpires from the order dated 30.01.2024, passed by Ld. Additional Sessions Judge-VI-cum-Spl. Judge POCSO, Banka, the trial is not yet completed.
6. Ld. APP for the State and Ld. Counsel for the Informant vehemently oppose the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, abovenamed, 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-cum-Spl. Judge POCSO, Banka in connection with Sessions Trial No. 625 of 2022, arising out of Katoriya P.S. Case No. 10 of 2022 on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/Court as and when required.
Patna High Court CR. MISC. No.21359 of 2024(3) dt.10-05-2024 3/3 (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 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.) Shoaib/ Ravi ShankarU T