Patna High CourtCR. MISC./13065/2018bail granted

Bhopal Yadav v. The State Of Bihar

2018-04-04Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.13065 of 2018 (2) dt.04-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13065 of 2018 Arising Out of PS.Case No. -2 Year- 2017 Thana -KAJRA District- LAKHISARAI ====================================================== Bhopal Yadav, Son of Jaddu Yadav, Resident of Village- Punadih, P.S.- Kajra, District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Nath Jha,Advocate For the Opposite Party/s : Mrs. Anita Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 28.02.2017, has renewed his prayer for bail in connection with Session Case No. 121/2017 arising out of Kajra P.S. Case No. 02 of 2017, G.R. No. 116/2017 for the offences alleged under Sections 147, 148, 149, 323, 324, 325 and 307/504 of the Indian Penal Code and later added Section 302 IPC and Section 27 of the Arms Act having earlier been rejected by this Court by order dated 19.09.2017 in Criminal Miscellaneous No. 35098 of 2017.

3. It is submitted that similarly situated Mahesh Yadav has been granted bail by this Court in Cr. Misc. No. 3153 of 2018. It is stated that charges have now been framed and as such there is no chance of tampering with the evidence.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody already suffered since 28.02.2017, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court Cr.Misc. No.13065 of 2018 (2) dt.04-04-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Addl. Sessions Judge Ist, Lakhisarai, in connection with Session Case No. 121/2017 arising out of Kajra P.S. Case No. 02 of 2017, G.R. No. 116/2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T